Burden v. State

890 So.2d 566 (2005)

Tyrone BURDEN, Appellant,

v.

STATE of Florida, Appellee.

No. 2D04-3551.

District Court of Appeal of Florida, Second District.

January 14, 2005.

WALLACE, Judge.

Tyrone Burden appeals the summary denial of his motion for return of property. We reverse and remand for further proceedings.

Burden's motion requests the return of money allegedly confiscated and withheld following his arrest. The trial court treated Burden's motion as a motion for return of property pursuant to section 705.105, Florida Statutes (2004). Section 705.105 provides that title to unclaimed evidence or unclaimed…