Florida District Courts of Appeal, 1996

Berkman v. State

Florida District Courts of Appeal · Decided February 7, 1996 · Barkdull, Gersten, Nesbitt

666 So. 2d 606; 1996 Fla. App. LEXIS 892; 1996 WL 47688 (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

CONFESSION OF ERROR

PER CURIAM.

The State confesses error in the trial court’s partial denial of appellant’s motion to return property, which left three handguns seized from appellant during an arrest in the State’s custody. Because the seized firearms are neither the subject of any charges pending against appellant nor necessary evidence for the charges currently pending, Section 790.08(3) of the Florida Statutes mandates their return to appellant. Davila v. State, 655 So.2d 245 (Fla. 3d DCA 1995); Cameiro v. State, 464 So.2d 639 (Fla. 3d DCA 1985).

REVERSED.

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