West v. State

KELLY, Judge.

Earl Richard West challenges the trial court’s denial of his motion to return seized property. Because the postconviction court erred in relying solely on the representations of the attorney for the sheriffs office in denying the motion, we reverse and remand for further proceedings.

West filed a motion in case number CRC06-09903CFANO seeking the return of a 14kt gold chain and a gold panda coin medallion seized as evidence by the sheriffs department upon his arrival at the Pinellas County Jail in June 2005. He alleged that the items are his personal property, they are not the…