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PEREZ v. STATE

No. 96-1319.

695 So.2d 741 (1996)

Manuel PEREZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

November 6, 1996.

Attorney(s) appearing for the Case

Richard Hersch, Miami, for appellant.

Robert A. Butterworth, Attorney General, and Erin E. Dardis, Assistant Attorney General, for appellee.

Before GERSTEN, GREEN and FLETCHER, JJ.

CONFESSION OF ERROR

PER CURIAM.

Manuel Perez appeals a trial court order denying his sworn motion for return of personal property seized by the police at the time of an arrest of another person. The state has filed a confession of error in this case which we must accept in light of the lack of evidentiary support for the trial court's order and the legal precedent controlling motions for return of property seized by police during searches. See, e.g.,...

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