Florida District Courts of Appeal, 2008

Washington v. State

Washington v. State
Florida District Courts of Appeal · Decided April 16, 2008 · Cope, Gersten, Schwartz
979 So. 2d 1133; 2008 Fla. App. LEXIS 5513; 2008 WL 1733393 (Southern Reporter, Second Series)

Washington v. State

Opinion of the Court

PER CURIAM.

Korie Washington appeals from the denial of his motion for return of property (currency). We treat the notice of appeal as a petition for a belated appeal pursuant to Rule 9.141(c), Florida Rules of Appellate Procedure, and grant the petition. Upon the State’s commendable confession of error, we remand this case to the trial court for an evidentiary hearing. If the trial court again denies the motion, it shall attach the records that conclusively refute the defendant’s claim. See Almeda v. State, 959 So.2d 806 (Fla. 2d DCA 2007).

Reversed and remanded.

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