Davila v. State

District Court of Appeal of Florida

Davila v. State

655 So. 2d 245, 1995 Fla. App. LEXIS 6130, 1995 WL 335584

CourtDistrict Court of Appeal of Florida

DecidedJune 7, 1995

DocketNos. 95-574, 95-524

StatusPublished

Cited by1 cases

This text of 655 So. 2d 245 (Davila v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Davila v. State, 655 So. 2d 245, 1995 Fla. App. LEXIS 6130, 1995 WL 335584 (Fla. Ct. App. 1995).

Pincite

Opinion

CONFESSION OF ERROR

PER CURIAM.

As the State properly concedes, the trial court erred in denying the appellants’ motions for return of property. After the State voluntarily terminated the prosecutions of the appellants herein by announcing that it would bring “no action”, the appellants were released and their cases were closed. Thereafter, the appellants properly moved to have their property returned, which motions were denied by the trial court, contrary to the provisions of Section 790.08(3), Florida Statutes (1993).

“While we understand and may share the lower court’s reluctance to do so, the mandatory terms of Section 790.08(3), Florida Statutes” require that the motions filed by the appellants herein be granted. See Cameiro v. State, 464 So.2d 639 (Fla. 3d DCA 1985).

Reversed.

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