Davidson v. State

Davidson appeals an order summarily denying his motion for return of property. In his motion appellant sought return of his property, which was admitted as evidence during his criminal trial. The trial court summarily denied relief without any explanation for its action. Because the motion was facially sufficient to invoke the criminal court’s authority to effect the return of such property, the trial court erred in summarily denying it. See Garmire v. Red Lake, 265 So.2d 2, 5 (Fla.1972); McCants v. State, 671 So.2d 221 (Fla. 1st DCA 1996) (holding where motion for return of property was…