Summary
granting rehearing on the basis of a supplemental record
Summary of this case from Daniel v. StateOpinion
No. 93-2955.
December 7, 1994. Order Granting Motion to Supplement Record and Granting Rehearing in Part May 18, 1995.
An Appeal from the Circuit Court for Hamilton County; John W. Peach, Judge.
J. Victor Africano, Live Oak, for appellants.
Robert L. Jarvis, Jr., Asst. State Atty., Live Oak, for appellee.
We reverse that portion of the trial court's "Final Judgment of Forfeiture" ordering the forfeiture of several vehicles, two rifles, and $1,280 in cash owned by or belonging to Appellants. Appellee wholly failed to establish that any of this property was closely related to the commission of the felony within the meaning of section 932.701(2)(a)5., Florida Statutes (Supp. 1992). See City of Edgewood v. Williams, 556 So.2d 1390 (Fla. 1990).
REVERSED.
ZEHMER, C.J., and KAHN and VAN NORTWICK, JJ., concur.
ON MOTION FOR REHEARING AND TO SUPPLEMENT RECORD
We grant Appellee's motion to supplement the record with the videotape that was made during the execution of the search warrant on Appellants' property. Having reviewed the videotape, we also grant Appellee's motion for rehearing as it pertains to the forfeiture of the 1977 Ford truck, VIN X35JKY27131. The clump of marijuana buds on the front seat revealed by the tape was sufficient evidence that this property was closely related to the commission of the felony. However, we deny the motion for rehearing as to the remainder of the property and adhere to our original opinion thereon.
Appellant Kenneth Kubernac was charged with a number of violations of chapter 893. He ultimately pleaded guilty to the crimes of manufacturing cannabis; possession of more than 20 grams of cannabis; possession of cocaine; possession of drug paraphernalia; and grand theft III.
KAHN and VAN NORTWICK, JJ., concur.