Gonzalez v. State (786 So. 2d 680, 2001)

CONFESSION OF ERROR

PER CURIAM.

The defendant appeals an order summarily denying his motion for return of property. As properly conceded by the State, the defendant is entitled to an evi-dentiary hearing to determine whether the property was lawfully seized or held as evidence by law enforcement officials prior to denying the defendant’s motion. See § 705.105, Fla. Stat. (2000); McKinnon v. State, 752 So.2d 134 (Fla. 2d DCA 2000). Accordingly, we reverse and remand to the trial court for an evidentiary hearing.

Reversed and remanded.