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FERGUSON v. STATE

No. 3D02-2701.

873 So.2d 581 (2004)

Ira FERGUSON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

May 26, 2004.

Attorney(s) appearing for the Case

Ira Ferguson, in proper person.

Charles J. Crist, Jr., Attorney General, and Steven R. Berger, Assistant Attorney General, for appellee.

Before GERSTEN, GODERICH, and WELLS, JJ.

PER CURIAM.

The defendant, Ira Ferguson, appeals from an order denying his Motion for Return of Property. We reverse and remand for an evidentiary hearing.

The defendant, Ira Ferguson, filed a motion seeking the return of personal property that was seized from him when he was arrested in June 2000. In April 2001, the trial court ordered the State to return the property unless it could demonstrate that the property needs to "be retained for evidentiary value...

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