Dailey v. State

PATTERSON, Judge.

The appellant, Isaac Dailey, was charged with receiving a stolen chain saw. He appeals the trial court’s ruling denying his motion to return seized property. Dailey claims that because the case against him for receiving stolen property was nol-prossed, the chain saw should be returned to him. The state recommended that the case be nol-prossed because Dailey was already serving a life sentence on other charges.

The trial court summarily denied Dailey’s motion to return the seized property without a hearing. The record does not contain sufficient facts to enable us to review the…