Davila v. State

CONFESSION OF ERROR

As the State properly concedes, the trial court erred in denying the appellants’ motions for return of property. After the State voluntarily terminated the prosecutions of the appellants herein by announcing that it would bring “no action”, the appellants were released and their cases were closed. Thereafter, the appellants properly moved to have their property returned, which motions were denied by the trial court, contrary to the provisions of Section 790.08(3), Florida Statutes (1993).

“While we understand and may share the lower court’s reluctance to do so, the mandatory…