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MARSH v. STATE

No. 97-520.

695 So.2d 951 (1997)

Aaron K. MARSH, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

July 9, 1997.

Attorney(s) appearing for the Case

Aaron K. Marsh, in proper person.

Robert A. Butterworth, Attorney General, and Cynthia A. Greenfield, Assistant Attorney General, for respondent.

Before LEVY and SHEVIN, JJ., and BARKDULL, Senior Judge.

PER CURIAM.

Based on the state's proper confession of error, we find that the court erred in denying Marsh's motion for return of property seized at the time of arrest. The court improperly determined that it lacked jurisdiction to consider the motion. See Estevez v. Gordon, 386 So.2d 43 (Fla. 3d DCA 1980); Butler v. State, 613 So.2d 1348 (Fla. 2d DCA), cause dismissed 621...

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