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WILSON v. STATE

No. 1D12-1812.

121 So.3d 1175 (2013)

Herbert J.T. WILSON, II, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 23, 2013.

Attorney(s) appearing for the Case

Herbert J.T. Wilson, II, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee.

PER CURIAM.

Herbert J.T. Wilson, II, appeals an order summarily denying his Motion to Return Property to Defendant. Because the motion was facially sufficient, the trial court was required to either conclusively refute the allegations or hold an evidentiary hearing. See Bailey v. State, 93 So.3d 518, 519 (Fla. 1st DCA 2012); Jones v. State, 42 So.3d 874, 875 (Fla. 2d DCA 2010). Accordingly...

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