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SMITH v. STATE

No. 94-3278.

678 So.2d 17 (1996)

Glenn SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

August 21, 1996.

Attorney(s) appearing for the Case

Glenn Smith, Starke, pro se.

Robert A. Butterworth, Attorney General, Tallahassee, and Sharon A. Wood, Assistant Attorney General, West Palm Beach, for appellee.

FARMER, Judge.

We reverse the lower court's order denying the return of appellant's confiscated property. Appellant's due process rights were violated by the state's refusal to hold an evidentiary hearing for a threshold determination of whether the confiscated property meets the definition of obscene. Stone v. State, 630 So.2d 660 (Fla. 2d DCA 1994). To comport with due process, the appellant must have the opportunity to...

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