Marcos Bonia v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED MARCOS BONIA, Appellant, v. Case No. 5D15-2492 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed August 26, 2016 Appeal from the Circuit Court for Orange County, Greg A. Tynan, Judge. James S. Purdy, Public Defender, and Jacqueline Rae Luker, Assistant Public Defender, Daytona Beach, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Allison Leigh Morris, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. Appellant challenges the order summarily denying his motion for return of property. The State properly concedes error in that the trial court did not address the applicability of section 705.105, Florida Statutes. See Davis v. State, 63 So. 3d 888, 889 (Fla. 5th DCA 2011) (holding that lower court must attach records to establish property was seized as evidence to support summary denial of motion for return of property pursuant to section 705.105); Stevenson v. State, 688 So. 2d 962 (Fla. 5th DCA 1997) (reversing denial of motion for return of property pursuant to section 705.105 where record did not establish statute applied). REVERSED AND REMANDED. LAWSON, C.J., ORFINGER and TORPY, JJ., concur. 2

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