ALVAREZ v. STATE

No. 85-1650.

485 So.2d 470 (1986)

Antonio Luis ALVAREZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 18, 1986.


Attorney(s) appearing for the Case

Miguel Del Aguila, Miami, for appellant.

Jim Smith, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before BARKDULL, HENDRY and NESBITT, JJ.


PER CURIAM.

Alvarez appeals an order denying his motion for return of property. We reverse.

On April 6, 1984, Alvarez was arrested on a charge of aggravated assault and his semiautomatic pistol was confiscated as evidence. On May 11, 1984, the state filed an information charging aggravated assault. The state, however, announced a nolle prosequi on February 11, 1985. On April 9, 1985, after the speedy trial time had expired, Alvarez moved, pursuant to section...

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