Marcos Bonia v. State

197 So. 3d 1280, 2016 Fla. App. LEXIS 12888, 2016 WL 4524754

Opinion

PER CURIAM.

Appellant challenges the order summarily denying his motion for return of property. The State properly concedes error in that the trial court did not address the applicability of section 705.105, Florida Statutes. See Davis v. State, 63 So.3d 888, 889 (Fla. 5th DCA 2011) (holding that lower court must attach records to establish property was seized as evidence to support summary denial of motion for return of property pursuant to section 705.105); Stevenson v. State, 688 So.2d 962 (Fla. 5th DCA 1997) (reversing denial of motion for return . of property pursuant to section 705.105 where- record did. not establish statute applied).

REVERSED AND REMANDED.

LAWSON, C.J., ORFINGER and TORPY, JJ., concur.