Nofsinger v. State

Appellant, Robert Lee Nofsinger, appeals the trial court’s order summarily denying his motion for return of property. Because the trial court failed to hold an evidentiary hearing and the attachment to its order does not conclusively refute Appellant’s claim, we reverse and remand for further proceedings.

Pursuant to a plea agreement, Appellant pleaded no contest to lewd or lascivious battery on a person less than sixteen years of age and was adjudicated guilty and sentenced to six years of imprisonment. Appellant filed a third Motion for Return of Property, wherein he sought the return of a…