STATE v. HELMS

No. 49870.

343 So.2d 604 (1977)

STATE of Florida, Appellant, v. Bobby Dean HELMS, Appellee. In re Forfeiture of ONE 1973 CHEVROLET EL CAMINO et al.

Supreme Court of Florida.

February 25, 1977.


Attorney(s) appearing for the Case

Robert L. Shevin, Atty. Gen., J. Robert Olian, Asst. Atty. Gen., Richard E. Gerstein, State Atty., and Milton Robbins, Asst. State Atty., for appellant.

Robyn Greene of Greene & Cooper, Miami, for appellee.


SUNDBERG, Justice.

This cause was transferred to us by the District Court of Appeal, Third District, because of the existence of an apparent constitutional issue. We find there is no need to address the asserted constitutional issue. We affirm the trial court in his finding that it was improper to require a forfeiture of the automobile. At the hearing, both parties offered evidence relevant to whether the automobile was "used in the commission" of the offense charged...

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