NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
Case No. 97-04486

CURTIS DUANE BEESON,
Appellant,

v.

STATE OF FLORIDA,

Appellee.
________________________

Opinion filed June 10, 1998.    http://www.jud10.org/2ndDCA/1988/june98/97-04486.htm  

Appeal from the Circuit Court for Hillsborough County;
Daniel L. Perry, Judge.

Rex Curry, Tampa, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Stephen D. Ake,
Assistant Attorney General,
Tampa, for Appellee.

THREADGILL, Acting Chief Judge.

Curtis Duane Beeson appeals an order denying his motion for return of property after he was acquitted of the charge of carrying a concealed firearm. At a hearing on the motion, the State advanced only one justification for denial: the prosecutor's opinion that Beeson was not the type of person who should own a gun. This was an insufficient basis upon which to deny the motion. On appeal, the State concedes that the motion for return of property should have been granted. Accordingly, we reverse.

Reversed.

PATTERSON and GREEN, JJ., Concur.