Summary
affirming order denying a defendant's petition for the return of his property where the defendant did not file his petition within sixty days of his criminal proceeding's conclusion as section 705.105 requires
Summary of this case from Arel v. StateOpinion
No. 3D98-3256.
May 22, 2002.
An appeal from the Circuit Court for Miami-Dade County, Marc Schumacher, Judge.
Nelson Sarmiento, for appellant.
Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, and Jan E. Vair, Assistant Attorney General, for appellee.
Before GREEN and RAMIREZ, JJ. and NESBITT, Senior Judge.
We affirm the order denying the appellant's petition for the return of his property seized during his arrest where, as here, the petition was not timely filed within sixty (60) days after the conclusion of the criminal proceeding as is required by section 705.105(1), Fla. Stat. (1997); see Romero-Saavedra v. State, 735 So.2d 1290 (Fla. 3d DCA 1999) and Crutchley v. Brevard County Sheriff's Office, 688 So.2d 371 (Fla. 5th DCA 1997); and where civil forfeiture proceedings against the property were pending at the time of the filing of the petition. See City of Miami v. Barclay, 563 So.2d 203 (Fla. 3d DCA 1990) (owner not entitled to return of property during pendency of forfeiture proceedings even in the absence of formal charges against owner); City of Coral Gables v. Rodriguez, 568 So.2d 1302 (Fla. 3d DCA 1990).
Affirmed.