From Casetext: Smarter Legal Research

Sutherland v. State

District Court of Appeal of Florida, Fourth District
Nov 26, 2003
860 So. 2d 505 (Fla. Dist. Ct. App. 2003)

Summary

affirming denial of motion for return of property without prejudice to defendant's right to renew his motion if trial court denied a pending motion to vacate plea, which defendant had filed after his motion for return of property was denied

Summary of this case from Matos v. State

Opinion

Case No. 4D03-1068.

Opinion filed November 26, 2003.

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, Okeechobee County, Dan L. Vaughn, Judge, L.T. Case No. 2000-CF-225.

Kenneth Sutherland, Perry, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Karen Finkle, Assistant Attorney General, West Palm Beach, for appellee.


Following a plea of no contest, conviction, and sentence on multiple counts of computer pornography and child exploitation, the defendant appeals an order denying his motion for the return of property seized during the execution of the search warrant. Subsequent to filing the motion to return property and the court's entry of the order denying the motion, the defendant filed a motion to vacate and set aside his plea on grounds of ineffective assistance of counsel. In light of the pending motion to vacate the plea, we affirm the trial court's denial of the motion to return property. See Applegate v. Barnett Bank of Tallahassee, 377 So.2d 1150 (Fla. 1979). This affirmance is without prejudice to the defendant to renew his motion for the return of property should the trial court deny the pending motion to vacate the plea. In considering a renewed motion to return items seized, the trial court is not limited to the single issue decided in the motion to suppress. Rather, the court must determine whether the property had an evidentiary purpose. If it did not, the court retains "jurisdiction to order its return." Oleandi v. State, 731 So.2d 4, 6 (Fla. 4th DCA 1999).

AFFIRMED.

FARMER, C.J., GUNTHER and MAY, JJ., concur.

NOT FINAL UNTIL DISPOSITION OF ANY TIMELY FILED MOTION FOR REHEARING.


Summaries of

Sutherland v. State

District Court of Appeal of Florida, Fourth District
Nov 26, 2003
860 So. 2d 505 (Fla. Dist. Ct. App. 2003)

affirming denial of motion for return of property without prejudice to defendant's right to renew his motion if trial court denied a pending motion to vacate plea, which defendant had filed after his motion for return of property was denied

Summary of this case from Matos v. State
Case details for

Sutherland v. State

Case Details

Full title:KENNETH SUTHERLAND, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 26, 2003

Citations

860 So. 2d 505 (Fla. Dist. Ct. App. 2003)

Citing Cases

Matos v. State

See § 932.704(4), Fla. Stat. (2014) (stating “[t]he seizing agency shall promptly proceed against the…

Matos v. State

Affirmed without prejudice to Defendant's right to seek return of 2001 Pontiac Firebird following resolution…