SHARON v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Lishawn SHARON, Appellant, v. STATE of Florida, Appellee.

Case No. 5D19-1298

Decided: December 27, 2019

Lishawn Sharon, Avon Park, pro se. Ashley Moody, Attorney General, Tallahassee, and Allison L. Morris, 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 Riley v. State, 277 So. 3d 1090 (Fla. 5th DCA 2019) (citing 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.”)). Appellant's remedy, if any, would be a civil action against the agency that had possession of the personal property. See id.

AFFIRMED.

PER CURIAM.

LAMBERT, HARRIS and SASSO, JJ., concur.

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