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860 So. 2d 505

Sutherland v. State

District Court of Appeal of Florida

Decided November 26, 2003

District Court of Appeal of Florida · decided 2003-11-26

Relies on 377 So. 2d 1150 - Applegate v. Barnett Bank of Tallahassee · 731 So. 2d 4 - Oleandi v. State

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Decided 2003-11-26

How this case has been cited

Cited by 3 later decisions — most recently September 2025

3 state decisions

10200320102020decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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PER CURIAM.

¶1Following a plea of no contest, conviction, and sentence on multiple counts of computer pornography and child exploitation, the defendant appeals an order de*506nying his motion for the return of property seized during the execution of the search warrant. Subsequent to filing the motion to return property and the court’s entry of the order denying the motion, the defendant filed a motion to vacate and set aside his plea on grounds of ineffective assistance of counsel. In light of the pending motion to vacate the plea, we affirm the trial court’s denial of the motion to return property. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla.1979). This affirmance is without prejudice to the defendant to renew his motion for the return of property should the trial court deny the pending motion to vacate the plea. In considering a renewed motion to return items seized, the trial court is not limited to the single issue decided in the motion to suppress. Rather, the court must determine whether the property had an evidentiary purpose. If it did not, the court retains “jurisdiction to order its return.” Oleandi v. State, 731 So.2d 4, 6 (Fla. 4th DCA 1999).

¶2AFFIRMED.

FARMER, C.J., GUNTHER and MAY, JJ., concur.
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