White v. State, 926 So. 2d 473 (Fla. 2d DCA 2006). · Go Syfert
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White v. State, 926 So. 2d 473 (Fla. 2d DCA 2006). Cases Citing This Book View Copy Cite
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cited 2× by 2 distinct cases · …is obliged to attach portions of the record showing that the property was seized pursuant to a lawful investigation or held as evidence . ✓
cited 2× by 2 distinct cases · …is obliged to attach to its denial order portions of the record showing that the property was seized pursuant to a lawful investigation or held as evidence . at p. 474 ≈ altered
24 citation events (24 in the last 25 years) across 1 distinct court.
Strongest positive: Holmes v. State (fladistctapp, 2008-12-17)
Treatment trajectory · 2006 → 2026 · click a year to view as-of
2006 2016 2026
Top citers, strongest first. 10 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Holmes v. State
Fla. Dist. Ct. App. · 2008 · signal: see also · quote attribution · 1 verbatim quote · confidence high
when summarily denying a motion for return of property as untimely under section 705.101(1) of the florida statutes, the court is obliged to attach portions of the record showing that the property was seized pursuant to a lawful investigation or held as evidence.
discussed Cited as authority (rule) Adams v. State (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2019 · confidence medium
However, because Adams filed his motion within the four-year statute of limitations period in section 95.11(3)(i), the court "is obliged to attach [to its denial order] portions of the record showing that the property was seized pursuant to a lawful investigation or held as evidence ." 1 White , 926 So. 2d at 474 (emphasis in original) (citations omitted).
discussed Cited as authority (rule) Adams v. State (2×) also: Cited "see"
Fla. Dist. Ct. App. · 2019 · confidence medium
However, because Adams filed his motion within the four-year statute of limitations period in section 95.11(3)(i), the court "is obliged to attach [to its denial order] portions of the record showing that the property was seized pursuant to a lawful investigation or held as evidence ." 1 White , 926 So. 2d at 474 (emphasis in original) (citations omitted).
cited Cited as authority (rule) Reyneldon J. Davis v. State
Fla. Dist. Ct. App. · 2016 · confidence medium
White v. State, 926 So.2d 473, 474 (Fla. 2d DCA 2006) (citations omitted).
discussed Cited as authority (rule) Winston R. Wilkins v. State of Florida (2×)
Fla. Dist. Ct. App. · 2016 · confidence medium
“However, when summarily denying a motion for return of property as untimely under this provision, the court is obliged to attach portions of the record showing that the property was seized pursuant to a lawful investigation or held as evidence.” White v. State, 926 So.2d 473, 474 (Fla. 2d DCA 2006) (emphasis omitted) (reversing where the court merely attached copies of the defendant’s judgment and sentence to its- order).
discussed Cited as authority (rule) Sanchez v. State
Fla. Dist. Ct. App. · 2014 · confidence medium
Discussion “A trial court’s jurisdiction over a criminal proceeding includes inherent authority over property seized or obtained in connection with the proceeding and thus held in custodia legis.” Stevens v. State, 929 So.2d 1197, 1198 (Fla. 2d DCA 2006) (citing White v. State, 926 So.2d 473, 474 (Fla. 2d DCA 2006)).
discussed Cited as authority (rule) Almeda v. State
Fla. Dist. Ct. App. · 2007 · confidence medium
Discussion "A trial court's jurisdiction over a criminal proceeding includes inherent authority over property seized or obtained in connection with the proceeding and thus held in custodia legis." Stevens v. State, 929 So.2d 1197, 1198 (Fla. 2d DCA 2006) (citing White v. State, 926 So.2d 473, 474 (Fla. 2d DCA 2006), and Eight Hundred, Inc. v. State, 781 So.2d 1187, 1191-92 (Fla. 5th DCA 2001)).
discussed Cited "see" Adams v. State (2×)
Fla. Dist. Ct. App. · 2016 · signal: accord · confidence high
“When summarily denying a motion for return of property pursuant to the sixty-day time bar, the trial court must attach those portions of the record showing that the property was seized pursuant to a lawful investigation or held as evidence.” Burden v. State, 890 So.2d 566, 567 (Fla. 2d DCA 2005) (citing Cloud v. State, 801 So.2d 964, 964 (Fla. 2d DCA 2001), and McKinnon v. State, 752 So.2d 134, 135 (Fla. 2d DCA 2000)); accord White v. State, 926 So.2d 473, 474 (Fla. 2d DCA 2006).
discussed Cited "see" Davis v. State
Fla. Dist. Ct. App. · 2011 · signal: see · confidence high
See White v. State, 926 So.2d 473 (Fla. 2d DCA 2006); Burden v. State, 890 So.2d 566, 567 (Fla. 2d DCA 2005); see also Cloud v. State, 801 So.2d 964 (Fla. 2d DCA 2001); McKinnon v. State, 752 So.2d 134, 135 (Fla. 2d DCA 2000).
cited Cited "see" Shuler v. State
Fla. Dist. Ct. App. · 2008 · signal: see · confidence high
See White v. State, 926 So.2d 473, 474 (Fla. 2d DCA 2006).
Retrieving the full opinion text from the archive…
Chester WHITE, Appellant,
v.
STATE of Florida, Appellee.
2D05-5426.
District Court of Appeal of Florida, Second District.
Apr 19, 2006.
926 So. 2d 473
2006 WL 1098280
Northcutt.
Cited by 16 opinions  |  Published

NORTHCUTT, Judge.

Chester White appeals the circuit court's summary denial of his motion seeking the return of property allegedly seized from him when he was arrested on a drug possession charge. We reverse and remand for further proceedings.

White pleaded guilty to possession of cocaine with the intent to sell or deliver.[*474] On March 16, 2005, he was adjudicated guilty and sentenced to imprisonment for a year and a day. On August 16, 2005, White filed a motion seeking the return of $873.00 in cash that he alleged was taken from him at the time of his arrest. The circuit court summarily denied Whites motion.

A trial court that has jurisdiction over criminal proceedings is vested with inherent authority over property seized or obtained in connection with the criminal proceeding and thus held in custodia legis. See Eight Hundred, Inc. v. State, 781 So.2d 1187, 1191-92 (Fla. 5th DCA 2001), and cases discussed therein. This authority continues beyond the termination of the criminal prosecution, thus enabling the court to direct the return of such property to its rightful owner. Id. However, section 705.105(1), Florida Statutes (2004), provides that title to unclaimed evidence or personal property lawfully seized pursuant to a lawful investigation that is in the custody of the court or clerk as part of 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 sixty days after the conclusion of the proceeding.

In this case, the circuit court summarily denied White's motion as untimely under the foregoing statute, and attached copies of his judgment and sentence. However, when summarily denying a motion for return of property as untimely under this provision, the court is obliged to attach portions of the record showing that the property was seized pursuant to a lawful investigation or held as evidence. Burden v. State, 890 So.2d 566, 567 (Fla. 2d DCA 2005); see also Cloud v. State, 801 So.2d 964 (Fla. 2d DCA 2001); McKinnon v. State, 752 So.2d 134, 135 (Fla. 2d DCA 2000).

If, on remand, the circuit court again summarily denies White's motion, it must attach portions of the record demonstrating that the currency was seized and held as evidence by the law enforcement agency involved or that it was seized pursuant to an investigation and was in the custody of the court clerk. Otherwise, the court must entertain the motion on its merits. See Cloud, 801 So.2d at 964.

Reversed and remanded for further proceedings.

SALCINES and SILBERMAN, JJ., Concur.