Allen v. Combined Law Enforcement Against Narcotics

District Court of Appeal of Florida

Allen v. Combined Law Enforcement Against Narcotics

650 So. 2d 144, 1995 Fla. App. LEXIS 623, 1995 WL 44554

CourtDistrict Court of Appeal of Florida

DecidedFebruary 1, 1995

DocketNo. 93-04303

StatusPublished

Cited by1 cases

This text of 650 So. 2d 144 (Allen v. Combined Law Enforcement Against Narcotics) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Combined Law Enforcement Against Narcotics, 650 So. 2d 144, 1995 Fla. App. LEXIS 623, 1995 WL 44554 (Fla. Ct. App. 1995).

Pincite

Opinion

FRANK, CMef Judge.

Paul Eddie Allen has appealed from a final judgment of forfeiture on the ground that the court erred by deciding the ultimate issue of forfeiture, a matter within the province of the jury. We agree and reverse.

Section 932.704(3), Florida Statutes (1993), provides as follows:

Any trial on the ultimate issue of forfeiture shall be decided by a jury, uMess such right is waived by the claimant through a written waiver on the record before the court conducting the forfeiture proceeding.

See also Department of Law Enforcement v. Real Property, 588 So.2d 957 (Fla.1991). Because Allen did not waive his right to a jury [145]*145trial, we reverse the forfeiture order under review and remand for a new trial.

THREADGILL and PARKER, JJ., concur.

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