RILEY v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

John O. RILEY, Appellant, v. STATE of Florida, Appellee.

Case No. 5D18-710

Decided: July 12, 2019

John O. Riley, Crawfordville, pro se. Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Appellee.

We affirm the order denying Appellant's motion for return of personal property following an evidentiary hearing. See Brown v. State, 613 So. 2d 569, 571 (Fla. 2d DCA 1993) (“[T]he court cannot make the police department return property it does not possess.”).¹ Appellant's remedy, if any, would be a civil action against the agency that had possession of the personal property. See id.

AFFIRMED.

FOOTNOTES

1. We reject, without further discussion, Appellant's second argument that the trial court erred in denying his request to continue the evidentiary hearing.

PER CURIAM.

LAMBERT, EISNAUGLE and HARRIS, JJ., concur.

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