Winston R. Wilkins v. State of Florida

Appellant Winston R. Wilkins appeals an order denying as untimely his motion for the return of property after a final judgment of guilt in his criminal case. The trial court summarily denied the motion as untimely but failed to attach portions .of the record showing that the property was seized pursuant to a lawful investigation or held as evidence. We therefore reverse and remand.

For a motion for return of property to be timely, it must be filed within sixty days of the conclusion of the proceeding pursuant to which the property was lawfully seized. § 705.105(1), Fla. Stat. (2014). “However,…