Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Judges

ODIS RAY CLOUD, Appellant, v. STATE OF FLORIDA, Appellee.

CASANUEVA, Judge.

Odis Cloud appeals the order of the trial court denying as untimely his motion for return of property filed pursuant to section 705.105, Florida Statutes (2000). We reverse and remand for reconsideration of the motion. The trial court did not attach any portions of the record to its order, and we cannot determine whether Cloud's property was seized pursuant to section 705.105. On remand, the trial court must attach those portions of the record indicating that the property was seized and held as evidence by law enforcement or that the property was seized pursuant to a lawful investigation and was in the custody of the clerk of the court; otherwise, the trial court shall conduct an evidentiary hearing. See Hughes v. State, 768 So.2d 512 (Fla. 2d DCA 2000).

Reversed and remanded.

ALTENBERND, A.C.J., and NORTHCUTT, J., Concur.

Use AI to get other relevant cases.

Comments

CLOUD v. STATE
(Nov 14, 2001)