Berkman v. State

District Court of Appeal of Florida

Decided February 7, 1996

District Court of Appeal of Florida · decided 1996-02-07

Cited by 1 later decisions — most recently July 1996

1 state decisions

Applies FL 790 § 790.08

Relies on 464 So. 2d 639 - Carneiro v. State · Davila v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1996-02-07

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¶1CONFESSION OF ERROR

PER CURIAM.

¶2The State confesses error in the trial court’s partial denial of appellant’s motion to return property, which left three handguns seized from appellant during an arrest in the State’s custody. Because the seized firearms are neither the subject of any charges pending against appellant nor necessary evidence for the charges currently pending, Section 790.08(3) of the Florida Statutes mandates their return to appellant. Davila v. State, 655 So.2d 245 (Fla. 3d DCA 1995); Cameiro v. State, 464 So.2d 639 (Fla. 3d DCA 1985).

¶3REVERSED.