Ooms v. State

Appellant, Robertus F. Ooms, appeals an order summarily denying his motion for return of property. The State properly concedes that because the motion was facially sufficient, the trial court was required to either conclusively refute Appellant’s claim or hold an evidentiary hearing. See Wilson v. State, 121 So.3d 1175, 1175 (Fla. 1st DCA 2013) (reversing and remanding the order summarily denying the appellant’s motion to return property and reasoning that “[b]ecause the motion was facially sufficient, the trial court was required to either conclusively refute the allegations or hold an…