08-1217 CHRISTOPHER THOMAS, v. STATE OF FLORIDA

State: Florida

Court: Florida First District Court

Docket No: 08-1217

Case Date: 12/12/2008

Preview:IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CHRISTOPHER THOMAS, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed December 12, 2008. An appeal from the Circuit Court for Duval County. L. P. Haddock, Judge. Christopher Thomas, pro se, Appellant. Bill McCollum, Attorney General, and Edward C. Hill, Jr., Special Counsel, Criminal Appeals, Tallahassee, for Appellee. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D08-1217

PER CURIAM. Appellant, Christopher Thomas, appeals an order striking his motion for the return of property. Appellant is correct that the trial court erred in finding that it lacked jurisdiction to consider his motion given that trial courts have the inherent

authority to direct the return of property seized from a criminal defendant if that property is no longer needed as evidence against him or her. See Coon v. State, 585 So. 2d 1079, 1080 (Fla. 1st DCA 1991). However, we affirm on the basis of the "tipsy coachman" doctrine given that Appellant's motion was facially insufficient. See McCants v. State, 671 So. 2d 221, 221 (Fla. 1st DCA 1996); see also Justice v. State, 944 So. 2d 538, 539 (Fla. 2d DCA 2006). AFFIRMED. BARFIELD, DAVIS, and HAWKES, JJ., CONCUR.

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