From Casetext: Smarter Legal Research

Hughes v. State

District Court of Appeal of Florida, Second District
Sep 1, 2000
768 So. 2d 512 (Fla. Dist. Ct. App. 2000)

Opinion

No. 2D00-1494.

Opinion filed September 1, 2000.

Appeal pursuant to Fla.R.App.P. 9.140(i) from the Circuit Court for Hillsborough County; Barbara Fleischer, Judge.


Kelsey Hughes appeals the trial court's order summarily denying his motion for return of property as untimely pursuant to section 705.105, Florida Statutes (1999). We reverse and remand for reconsideration of the motion. See McKinnon v. State, 752 So.2d 134 (Fla. 2d DCA 2000).

Nothing in this court's record indicates that Hughes' property was seized pursuant to section 705.105. As this court stated in McKinnon, "[u]nless the court determines that the property was seized or held as evidence by the law enforcement agency involved or that it was seized pursuant to an investigation and was in the custody of the court clerk, it must order its immediate return." Id. at 135. Consequently, the trial court must either attach documents to its order demonstrating that Hughes is not entitled to relief or conduct an evidentiary hearing.

Reversed and remanded.

BLUE, A.C.J., and FULMER and SALCINES, JJ., Concur.


Summaries of

Hughes v. State

District Court of Appeal of Florida, Second District
Sep 1, 2000
768 So. 2d 512 (Fla. Dist. Ct. App. 2000)
Case details for

Hughes v. State

Case Details

Full title:KELSEY HUGHES, Appellant v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Sep 1, 2000

Citations

768 So. 2d 512 (Fla. Dist. Ct. App. 2000)

Citing Cases

Wilson v. State

On remand, the postconviction court must either attach portions of the record to its order demonstrating that…

Stevens v. State

Otherwise, the court must entertain the motion on its merits. See Cloud v. State, 801 So.2d 964 (Fla. 2d DCA…