Frye v. State, 650 So. 2d 231 (Fla. 3d DCA 1995). · Go Syfert
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Frye v. State, 650 So. 2d 231 (Fla. 3d DCA 1995). Cases Citing This Book View Copy Cite
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George FRYE
v.
The STATE of Florida
No. 94-1633.
District Court of Appeal of Florida, Third District.
Feb 22, 1995.
650 So. 2d 231
Bennett H. Brummer, Public Defender, and Marti Rothenberg, Asst. Public Defender, for appellant., Robert A. Butterworth, Atty. Gen., and Mark C. Katzef, Asst. Atty. Gen., for appel-lee.
Cope, Gersten, Nesbitt.
Published
PER CURIAM.

Upon the State’s Confession of Error, and our review of the record, the order under review is reversed.

After the State voluntarily terminated the prosecution of George Frye by announcing that it would bring “no action,” Frye was released and the case closed. Thereafter, Frye properly moved to have his firearm returned, which motion the trial court denied. § 790.08(3), Fla.Stat. (1993).

Accordingly, we reverse the order and remand to the trial court with directions to return the firearm to Frye.