In re Forfeiture of the following described property: 1987 Ford VAN VIN 1FDDE4yHHA73352

District Court of Appeal of Florida

In re Forfeiture of the following described property: 1987 Ford VAN VIN 1FDDE4yHHA73352

568 So. 2d 546, 1990 Fla. App. LEXIS 8346, 1990 WL 164977

District Court of Appeal of Florida·Decided October 25, 1990·No. No. 90-316·Published·Cited by 1 cases

Opinion

BARFIELD, Judge.

The record supports the trial court’s order requiring forfeiture of the 1987 Ford Van. However, although the state elicited an admission from the owner that he had smoked marijuana in the 1979 Globestar Travel Trailer, it failed to present any evidence regarding the amount of marijuana possessed by the owner. Having failed to prove that the trailer was involved in the commission of a felony as alleged in the petition, the trial court abused its discretion by ordering its forfeiture.

[547] The forfeiture of the 1987 Ford Van is AFFIRMED, the forfeiture of the 1979 Globestar Travel Trailer is REVERSED.

ERVIN and BOOTH, JJ., concur.

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BARFIELD, Judge.

The record supports the trial court’s order requiring forfeiture of the 1987 Ford Van. However, although the state elicited an admission from the owner that he had smoked marijuana in the 1979 Globestar Travel Trailer, it failed to present any evidence regarding the amount of marijuana possessed by the owner. Having failed to prove that the trailer was involved in the commission of a felony as alleged in the petition, the trial court abused its discretion by ordering its forfeiture.

[547] The forfeiture of the 1987 Ford Van is AFFIRMED, the forfeiture of the 1979 Globestar Travel Trailer is REVERSED.

ERVIN and BOOTH, JJ., concur.

In re Forfeiture of the following described property: 1987 Ford VAN VIN 1FDDE4yHHA73352, 568 So. 2d 546, 1990 Fla. App. LEXIS 8346, 1990 WL 164977 (Fla. Ct. App. 1990).

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568 So. 2d 546 (In re Forfeiture of the following described property: 1987 Ford VAN VIN 1FDDE4yHHA73352) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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