Alvarez v. State

Alvarez appeals an order denying his motion for return of property. We reverse.

On April 6, 1984, Alvarez was arrested on a charge of aggravated assault and his semiautomatic pistol was confiscated as evidence. On May 11,1984, the state filed an information charging aggravated assault. The state, however, announced a nolle pro-sequi on February 11, 1985. On April 9, 1985, after the speedy trial time had expired, Alvarez moved, pursuant to section 790.08(3) of the Florida Statutes (1983),1 for return of the semiautomatic pistol. The trial judge denied the motion indicating that despite the…