McKinnon v. State

752 So.2d 134 (2000)

Johnny McKINNON, Appellant,

v.

STATE of Florida, Appellee.

No. 2D99-4255.

District Court of Appeal of Florida, Second District.

March 8, 2000.

Johnny McKinnon appeals the trial court's order summarily denying his motion for return of property as untimely pursuant to section 705.105, Florida Statutes (1999). Because it is not clear from the record that section 705.105 applies to this case, we reverse and remand for an evidentiary hearing. See Stevenson v. State, 688 So.2d 962 (Fla. 5th DCA 1997). On remand the court shall determine whether or not the property at issue was…