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WASHINGTON v. STATE

No. 3D07-69.

979 So.2d 1133 (2008)

Korie WASHINGTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 16, 2008.

Attorney(s) appearing for the Case

Korie Washington, in proper person.

Bill McCollum, Attorney General, and Jill Kramer Traina, Assistant Attorney General, for appellee.

Before GERSTEN, C.J., and COPE, J., and SCHWARTZ, Senior Judge.

PER CURIAM.

Korie Washington appeals from the denial of his motion for return of property (currency). We treat the notice of appeal as a petition for a belated appeal pursuant to Rule 9.141(c), Florida Rules of Appellate Procedure, and grant the petition. Upon the State's commendable confession of error, we remand this case to the trial court for an evidentiary hearing. If the trial court again denies the motion, it shall attach the records that conclusively refute...

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