John O. Riley v. State

Appellant John Riley appeals an order summarily denying his motion for return of personal property. Appellant sought the return of a vehicle and • other personal property seized upon his arrest. We reverse.

Motions for return of personal property are “governed by procedures similar to those used in postconviction proceedings.” Shade v. State, 55 So.3d 722, 723 (Fla. 5th DCA 2011) (quoting Bolden v. State, 875 So.2d 780, 783 (Fla. 2d DCA 2004)). A facially sufficient motion alleges that: (1) the movant owns the property; (2) the property is not the fruit of criminal activity; and (3) the State…