JOHN A. WRIGHT, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1990-12-12
No. 89-1664
HERSEY, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.
570 So. 2d 1135 Florida District Court of Appeal, Fourth District (1990) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

In conjunction with his arrest for robbery, the sheriffs office confiscated appellant’s personal effects, which included the sum of $499.55. After appellant was sentenced, he filed a motion for return of property, alleging that all of the money taken from the bank robbery was accounted for and had been returned to the proper bank officials, and that the $499.55 taken from him was his private property and not related to any criminal activity. The court denied appellant’s motion without explanation and without a hearing.

Appellant contends that it was error to deny his motion without a hearing and the state concedes the correctness of that contention.

Accordingly, we reverse the order appealed from and remand the cause with directions to grant appellant a hearing on his motion for the return of his property.

HERSEY, C.J., and DOWNEY and GLICKSTEIN, JJ., concur.


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  • Raffone v. Fort Lauderdale Police Dep't, 731 So. 2d 94 (Fla. 4th DCA 1999)
    …ine ownership of the items requested, status and location of the seized property, and a valid basis, if any, for permitting retention of the property by the seizing agency. See Calavenzo v. State, 695 So. 2d 857 (Fla. 4th DCA 1997); Wright v. State, 570 So. 2d 1135 (Fla. 4th DCA 1990). REVERSED and REMANDED for further proceedings. KLEIN, TAYLOR and HAZOURI, JJ., concur.…

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