Durain v. State

765 So.2d 880 (2000)

Daniel G. DURAIN, Appellant,

v.

STATE of Florida, Appellee.

No. 2D99-2590.

District Court of Appeal of Florida, Second District.

August 18, 2000.

Daniel Durain appeals the trial court order which denied in part and granted in part his motion for the return of property seized following his arrest in June 1996. We affirm in part and reverse in part.

A trial court is vested with an inherent power to assist the true owner in the return of property held in custodia legis. See Garmire v. Red Lake, 265 So.2d 2 (Fla.1972); Brown v. State, 613 So.2d 569 (Fla. 2d DCA 1993). Durain's motion…