Bailey v. State

DEMPSEY, ANGELA, Associate Judge.

Appellant, James R. Bailey, appeals the trial court’s August 29, 2011 order denying his motion for return of property without holding an evidentiary hearing. Because the trial court failed to hold an evidentiary hearing, we reverse and remand for further proceedings.

On February 16, 2006, Appellant was tried by a jury and convicted of burglary with an assault or battery, aggravated battery and battery on a person 65 years or older. During the trial, the state introduced a gold necklace belonging to Appellant as State’s exhibit 35. On March 1, 2006, the trial…