PETERSON v. STATE

Case No. 5D19-507.

288 So.3d 1237 (2020)

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

District Court of Appeal of Florida, Fifth District.

Opinion filed January 10, 2020.


Attorney(s) appearing for the Case

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

Ashley Moody , 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 for return of personal property. This is the second time we have addressed his motion. We affirm in part and reverse in part. We again reverse because the trial court erred by denying the motion without either conducting an evidentiary hearing or attaching...

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