Wilson v. State
121 So. 3d 1175, 2013 WL 5309815, 2013 Fla. App. LEXIS 15066
District Court of Appeal of Florida·Decided September 23, 2013·No. No. 1D12-1812·Published·Cited by 2 cases
Opinion
Herbert J.T. Wilson, II, appeals an order summarily denying his Motion to Return Property to Defendant. Because the motion was facially sufficient, the trial court was required to either conclusively refute the allegations or hold an evidentia-ry hearing. See Bailey v. State, 93 So.3d 518, 519 (Fla. 1st DCA 2012); Jones v. State, 42 So.3d 874, 875 (Fla. 2d DCA 2010). Accordingly, we reverse the order on appeal and remand for further proceedings.
REVERSED and REMANDED.
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Wilson v. State, 121 So. 3d 1175, 2013 WL 5309815, 2013 Fla. App. LEXIS 15066 (Fla. Ct. App. 2013).
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