Hughes v. State

768 So.2d 512 (2000)

Kelsey HUGHES, Appellant,

v.

STATE of Florida, Appellee.

No. 2D00-1494.

District Court of Appeal of Florida, Second District.

September 1, 2000.

Kelsey Hughes appeals the trial court's order summarily denying his motion for return of property as untimely pursuant to section 705.105, Florida Statues (1999). We reverse and remand for reconsideration of the motion. See McKinnon v. State, 752 So.2d 134 (Fla. 2d DCA 2000).

Nothing in this court's record indicates that Hughes' property was seized pursuant to section 705.105. As this court stated in McKinnon, "[u]nless the court…