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Florida District Courts of Appeal, 1995

Tiller v. State

Tiller v. State
Florida District Courts of Appeal · Decided March 8, 1995 · Gunther, Hersey, Stevenson
650 So. 2d 1134; 1995 Fla. App. LEXIS 2247; 1995 WL 92610 (Southern Reporter, Second Series)

Tiller v. State

Opinion of the Court

PER CURIAM.

In this appeal from an order denying an application for return of property where charges which led to the confiscation of the property have been dismissed, the state correctly concedes error.

Section 790.08(3), Florida Statutes (1993), mandates the return of weapons seized when the person whose weapons were seized is acquitted or where the charges have been dismissed. See Carneiro v. State, 464 So.2d *1135639 (Fla. 3d DCA 1985), and Alvarez v. State, 485 So.2d 470 (Fla. 3d DCA 1986).

REVERSED AND REMANDED.

HERSEY, GUNTHER and STEVENSON, JJ., concur.

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