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650 So. 2d 1134

Tiller v. State

District Court of Appeal of Florida · decided 1995-03-08

Relies on 485 So. 2d 470 - Alvarez v. State

Decided 1995-03-08

PER CURIAM.

¶1In this appeal from an order denying an application for return of property where charges which led to the confiscation of the property have been dismissed, the state correctly concedes error.

¶2Section 790.08(3), Florida Statutes (1993), mandates the return of weapons seized when the person whose weapons were seized is acquitted or where the charges have been dismissed. See Carneiro v. State, 464 So.2d *1135639 (Fla. 3d DCA 1985), and Alvarez v. State, 485 So.2d 470 (Fla. 3d DCA 1986).

¶3REVERSED AND REMANDED.

HERSEY, GUNTHER and STEVENSON, JJ., concur.
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