Hammond v. State

VILLANTI, Judge.

Marquise Hammond appeals the denial of his motion to return property filed pursuant to section 705.105(1), Florida Statutes (2005). We affirm because the motion appears to be untimely based on the contents of the motion as filed in the postcon-viction court. See Harkless v. State, 975 So.2d 437, 440 & n. 3 (Fla. 2d DCA 2007).

However, for the first time in this appeal, Hammond asserts that the transcript of his plea and sentencing hearing held on April 14, 2005, reflects that his counsel made a timely oral motion for the return of the property that was not used against him in…