McKinnon v. State, 752 So. 2d 134 (Fla. 2d DCA 2000). · Go Syfert
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McKinnon v. State, 752 So. 2d 134 (Fla. 2d DCA 2000). Cases Citing This Book View Copy Cite
9 citation events (6 in the last 25 years) across 1 distinct court.
Strongest positive: Adams v. State (fladistctapp, 2016-06-29)
Top citers, strongest first. 6 distinct citers.
discussed Cited as authority (rule) Adams v. State
Fla. Dist. Ct. App. · 2016 · confidence medium
“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 as authority (rule) Davis v. State
Fla. Dist. Ct. App. · 2011 · confidence medium
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 as authority (rule) White v. State
Fla. Dist. Ct. App. · 2006 · confidence medium
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 as authority (rule) Burden v. State
Fla. Dist. Ct. App. · 2005 · confidence medium
See Cloud v. State, 801 So.2d 964, 964 (Fla. 2d DCA 2001); McKinnon v. State, 752 So.2d 134, 135 (Fla. 2d DCA 2000).
cited Cited "see" Hughes v. State
Fla. Dist. Ct. App. · 2000 · signal: see · confidence high
See McKinnon v. State, 752 So.2d 134 (Fla. 2d DCA 2000).
discussed Cited "see, e.g." Eight Hundred, Inc. v. State
Fla. Dist. Ct. App. · 2001 · signal: see, e.g. · confidence medium
See, e.g., McKinnon v. State, 752 So.2d 134, 135 (Fla. 2d DCA 2000) ("On remand the court shall determine whether or not the property at issue was `unclaimed evidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigation in the custody of the court or clerk of court from a criminal proceeding or seized as evidence by and in the custody of a law enforcement agency'") (citing section 705.105, Florida Statutes (1999)); Almanza v. State, 711 So.2d 253, 255 (Fla. 4th DCA 1998) ("This is not a case where forfeiture of the firearm was included as a condition of th…
Johnny McKINNON, Appellant,
v.
STATE of Florida, Appellee.
2D99-4255.
District Court of Appeal of Florida, Second District.
Mar 8, 2000.
752 So. 2d 134
Per Curiam.
Cited by 7 opinions  |  Published

PER CURIAM.

Johnny McKinnon appeals the trial court's order summarily denying his motion for return of property as untimely pursuant to section 705.105, Florida Statutes (1999). Because it is not clear from the record that section 705.105 applies to this case, we reverse and remand for an evidentiary hearing. See Stevenson v.[*135] State, 688 So.2d 962 (Fla. 5th DCA 1997). On remand the court shall determine whether or not the property at issue was "unclaimed evidence or unclaimed tangible personal property lawfully seized pursuant to a lawful investigation in the custody of the court or clerk of court from a criminal proceeding or seized as evidence by and in the custody of a law enforcement agency." See § 705.105. Unless the court determines that the property was seized or 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, it must order its immediate return to Mr. McKinnon. See Stevenson, 688 So.2d at 963.

Reversed and remanded for an evidentiary hearing.

BLUE, A.C.J., and NORTHCUTT and CASANUEVA, JJ., Concur.