Gonzalez v. State

Jesus GONZALEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided July 5, 2001.

District Court of Appeal of Florida · decided 2001-07-05

Cited by 1 later decisions — most recently December 2008

1 state decisions

Relies on McKinnon v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2001-07-05

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¶1Jesus Gonzalez, in proper person.

¶2Robert A. Butterworth, Attorney General, and Regine Monestime, Assistant Attorney General, for appellee.

¶3Before SCHWARTZ, C.J., and GERSTEN, and GODERICH, JJ.

¶4

*681CONFESSION OF ERROR

¶5PER CURIAM.

¶6The defendant appeals an order summarily denying his motion for return of property. As properly conceded by the State, the defendant is entitled to an evidentiary hearing to determine whether the property was lawfully seized or held as evidence by law enforcement officials prior to denying the defendant's motion. See § 705.105, Fla. Stat. (2000); McKinnon v. State,752 So.2d 134 (Fla. 2d DCA 2000). Accordingly, we reverse and remand to the trial court for an evidentiary hearing.

¶7Reversed and remanded.