SYDNEY SMITH v. THE STATE OF FLORIDA
This text of SYDNEY SMITH v. THE STATE OF FLORIDA (SYDNEY SMITH v. THE STATE OF FLORIDA) 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.
Opinion
Third District Court of Appeal State of Florida
Opinion filed September 15, 2021. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D17-1211 Lower Tribunal No. F11-22273 ________________
Sydney Smith, Appellant,
vs.
The State of Florida, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Richard Hersch, Judge.
Sydney Smith, in proper person.
Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee.
Before FERNANDEZ, C.J., and LOBREE, and BOKOR, JJ.
PER CURIAM. Affirmed. See § 705.105, Fla. Stat. (2017); Davis v. State, 198 So. 3d
1070, 1072 (Fla. 5th DCA 2016) ("Section 705.105(1) provides that the title
to property seized in connection with a criminal proceeding shall vest
permanently in the law enforcement agency sixty days after the conclusion
of the criminal proceeding. Thus, in order to seek the return of seized
property, a defendant must file a motion within that sixty-day period."); Shirah
v. State, 312 So. 3d 1054, 1055-56 (Fla. 1st DCA 2021) ("The 60-day vesting
does not apply, however, if the property was seized for non-investigative or
non-evidentiary purposes. Rather, in such cases, a 4-year statute of
limitations applies. § 95.11(3)(i), Fla. Stat. (establishing 4-year statute of
limitations to actions for return of property held by the State) . . . .")
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