Horvatt v. State
Horvatt v. State
Opinion of the Court
Clint Horvatt appeals the denial of his motion for the return of property seized during his criminal prosecution. Horvatt contends that the trial court erred in finding that he untimely filed his motion. We affirm.
Section 705.105(1), Florida Statutes (2011), governs the disposition of unclaimed evidence or tangible personal property and provides:
Title to unclaimed evidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigation in the custody of the court or clerk of the court from a criminal proceeding or seized as evidence by and in the custody of a law enforcement agency shall vest permanently in the law enforcement agency 60 days after the conclusion of the proceeding.
(emphasis added). This Court defines the "conclusion of the proceeding" as when "the mandate issues from the appellate court on a direct appeal of a defendant's judgment and sentence." Davis v. State,
Here, Horvatt failed to file his motion within the time limitation of section 705.105(1). This Court affirmed Horvatt's judgment and sentence on August 9, 2011, and issued the mandate in his direct appeal on August 31, 2011. Horvatt v. State,
AFFIRMED.
EVANDER, C.J., COHEN and EDWARDS, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.