Sanchez v. State

Appellant, Juan Sanchez, appeals the trial court’s August 13, 2010 order denying his motion for return of property without holding an evidentiary hearing.1 We hold that an evidentiary hearing is necessary before the trial court enters an order denying a motion to return property. Here, the record does not indicate that an evi-dentiary hearing was held. As such, we reverse and remand this matter for an evidentiary hearing to be held to determine the ownership of the property.

Sanchez was arrested by the Plantation Police Department after the department received a call about a burglary. The…