Maiola v. State

OPINION ON REHEARING

We previously issued an opinion in this matter on January 15, 2004. After respondent petitioned for rehearing, we withdrew that opinion while we considered the petition for rehearing. We now grant the petition for rehearing 1 and issue this opinion in place of our prior opinion. On rehearing, we reach the same conclusion as in our prior opinion but for different reasons.

The principal issue in this appeal is whether the district court in which a criminal proceeding was heard has jurisdiction to hear a motion for return of property relating to that criminal proceeding under…