The 2024 Florida Statutes
|
||||||
|
. . . When denying Hodge’s motion, the circuit court cited section 790.08(4), Florida Statutes (2000), which . . .
. . . Section 790.08(2) does not apply. . . .
. . . It shall be subject to seizure and shall be disposed of as provided in s. 790.08(1) and (6). (2) This . . .
. . . We reject appellant’s contention that the court should have looked to section 790.08, which provides . . . Section 790.08(3) requires the return of a weapon to a defendant if “charges” against him or her are . . . municipal ordinance, or any other offense involving the use or attempted use of such weapons ...” § 790.08 . . . did not use or attempt to use the weapon in the commission of a felony within the meaning of section 790.08 . . . As we held in Almanza, even though section 790.08 is inapposite, a trial court has the inherent authority . . .
. . . The trial court denied the motion, ruling that section 790.08(2), Florida Statutes (1995), requires forfeiture . . . of seized weapons upon conviction of a crime and that section 790.08(3) only permits the return of such . . . Sections 790.08(2) & (3) provide in relevant part: (2) If the person arrested as aforesaid is convicted . . . Section 790.08 does not control the situation presented in this case because Al-manza did not plead to . . . Section 790.08(2) does not apply. . . .
. . . See, e.g., §§ 790.08(3), 933.14(3), Fla. Stat. (1995); San Pedro v. . . .
. . . As the state has correctly conceded, section 790.08(3), Florida Statutes (1995) requires reversal of . . .
. . . charges pending against appellant nor necessary evidence for the charges currently pending, Section 790.08 . . .
. . . property returned, which motions were denied by the trial court, contrary to the provisions of Section 790.08 . . . While we understand and may share the lower court’s reluctance to do so, the mandatory terms of Section 790.08 . . .
. . . Section 790.08(3), Florida Statutes (1993), mandates the return of weapons seized when the person whose . . .
. . . . § 790.08(3), Fla.Stat. (1993). . . .
. . . Under section 790.08(2), Florida Statutes (1993), when a person is arrested for carrying a concealed . . .
. . . .- They sent a check in the amount of $790.08 on March 30,1990 to pay certain bills incurred by them . . .
. . . Moradi-Shalal held that no private civil cause of action exists under Insurance Code section 790.08(h . . .
. . . See § 790.08(3), Fla.Stat. (1989); Alvarez v. State, 485 So.2d 470 (Fla. 3d DCA 1986). . . .
. . . untimely as in violation of the six month period for the reclamation of seized weapons provided by section 790.08 . . . Section 790.08 deals with firearms taken from an arrested person, used in the commission of an armed . . . Unlike section 790.08(5), this provision has no specific time limitation. . . . Section 790.08(1-5) provides: 790.08 Taking possession of weapons and arms; reports; disposition; custody . . .
. . . On April 9, 1985, after the speedy trial time had expired, Alvarez moved, pursuant to section 790.08( . . . state argues that because Alvarez was not acquitted and because the charges were not dismissed, section 790.08 . . . , and unlikely, act on the state’s part in order to obtain the return of his property under section 790.08 . . . individual for offenses arising out of the incident during which the property was confiscated, section 790.08 . . . Accordingly, the order denying Alvarez’ motion for return of property is Reversed. . 790.08 Taking possession . . .
. . . to investigate, prosecute and punish violators through cease and desist orders and fines (§§ 790.04-790.08 . . .
. . . While we understand and may share the lower court’s reluctance to do so, the mandatory terms of Sec. 790.08 . . . Reversed. . 790.08 Taking possession of weapons and arms; reports; disposition; custody.— (3) If the . . .
. . . prosecute, and punish violations of its provisions through cease-and-desist orders and fines (§§ 790.04-790.08 . . .
. . . sheriff had seized the gun to be used as evidence against the appellant under the provisions of Section 790.08 . . .
. . . As to weapons; see, e. g., § 790.08 and § 790.25, F.S.1969, F.S.A. . . .