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PETERSON v. STATE

Case No. 5D17-3275.

249 So.3d 1264 (2018)

Malcolm N. PETERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Opinion filed June 22, 2018.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender, and Edward J. Weiss , Assistant Public Defender, Daytona Beach, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Rebecca Rock McGuigan , Assistant Attorney General, Daytona Beach, for Appellee.

Malcolm Peterson appeals the circuit court's order summarily denying his motion seeking the return of personal property. We reverse because the circuit court erred by denying the motion without either attaching records demonstrating that the evidence of record refuted the motion or considering the motion on the merits at an evidentiary hearing...

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