Hodge v. State

District Court of Appeal of Florida

Hodge v. State

839 So. 2d 927, 2003 Fla. App. LEXIS 3681, 2003 WL 1237299

CourtDistrict Court of Appeal of Florida

DecidedMarch 19, 2003

DocketNo. 2D02-4033

StatusPublished

This text of 839 So. 2d 927 (Hodge 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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Hodge v. State, 839 So. 2d 927, 2003 Fla. App. LEXIS 3681, 2003 WL 1237299 (Fla. Ct. App. 2003).

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Opinion

NORTHCUTT, Judge.

Oscar Hodge appeals the denial of his motion for return of property seized from him during his arrest and subsequent prosecution for first degree murder. Hodge first sought the return of certain items following his conviction, but the circuit court denied the motion without prejudice to refiling after his appeal was concluded. This court later affirmed Hodge’s conviction and sentence, whereupon he filed another motion in the circuit court seeking return of a long list of items. The circuit court again denied the motion. We have jurisdiction, see Brown v. State, 613 So.2d 569 (Fla. 2d DCA 1993), and we reverse.

When denying Hodge’s motion, the circuit court cited section 790.08(4), Florida Statutes (2000), which deals solely with the return of “[wjeapons, electric weapons or devices, and arms....” No such items were listed in Hodge’s motion for return of property, and for that reason the mentioned statute is wholly inapplicable to this matter.

[928]*928Reversed and remanded for further proceedings.

SILBERMAN and COVINGTON, JJ„ concur.

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NORTHCUTT, Judge.

Oscar Hodge appeals the denial of his motion for return of property seized from him during his arrest and subsequent prosecution for first degree murder. Hodge first sought the return of certain items following his conviction, but the circuit court denied the motion without prejudice to refiling after his appeal was concluded. This court later affirmed Hodge’s conviction and sentence, whereupon he filed another motion in the circuit court seeking return of a long list of items. The circuit court again denied the motion. We have jurisdiction, see Brown v. State, 613 So.2d 569 (Fla. 2d DCA 1993), and we reverse.

When denying Hodge’s motion, the circuit court cited section 790.08(4), Florida Statutes (2000), which deals solely with the return of “[wjeapons, electric weapons or devices, and arms....” No such items were listed in Hodge’s motion for return of property, and for that reason the mentioned statute is wholly inapplicable to this matter.

[928]*928Reversed and remanded for further proceedings.

SILBERMAN and COVINGTON, JJ„ concur.

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839 So. 2d 927, 2003 Fla. App. LEXIS 3681, 2003 WL 1237299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hodge-v-state-fladistctapp-2003.

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