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121 So. 3d 1175

Wilson v. State

District Court of Appeal of Florida

Decided September 23, 2013

District Court of Appeal of Florida · decided 2013-09-23

Cited by 2 later decisions — most recently August 2015

2 state decisions

Relies on Bailey v. State · Jones v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2013-09-23

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PER CURIAM.

¶1Herbert J.T. Wilson, II, appeals an order summarily denying his Motion to Return Property to Defendant. Because the motion was facially sufficient, the trial court was required to either conclusively refute the allegations or hold an evidentia-ry hearing. See Bailey v. State, 93 So.3d 518, 519 (Fla. 1st DCA 2012); Jones v. State, 42 So.3d 874, 875 (Fla. 2d DCA 2010). Accordingly, we reverse the order on appeal and remand for further proceedings.

¶2REVERSED and REMANDED.

LEWIS, C.J., MARSTILLER and OSTERHAUS, JJ, concur.
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