Marcos Bonia v. State

District Court of Appeal of Florida

Marcos Bonia v. State

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

CourtDistrict Court of Appeal of Florida

DecidedAugust 26, 2016

Docket5D15-2492

StatusPublished

Cited by2 cases

This text of 197 So. 3d 1280 (Marcos Bonia 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.

Bluebook

Marcos Bonia v. State, 197 So. 3d 1280, 2016 Fla. App. LEXIS 12888, 2016 WL 4524754 (Fla. Ct. App. 2016).

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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.

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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.

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Bluebook (online)

197 So. 3d 1280, 2016 Fla. App. LEXIS 12888, 2016 WL 4524754, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marcos-bonia-v-state-fladistctapp-2016.

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