Florida District Courts of Appeal, 1995

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)

Cases that cite this one

1 later published case cites this decision.

McCutcheon v. State (Fla. Dist. Ct. App. 1996)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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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