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STATE v. OZAREK

No. 11415.

573 P.2d 209 (1978)

91 N.M. 275

STATE of New Mexico, Plaintiff-Appellee, v. Henry Frank OZAREK, father and next of kin of Mark Ozarek, Deceased, Defendant-Appellant.

Supreme Court of New Mexico.

January 3, 1978.

Attorney(s) appearing for the Case

David A. Lane, Silver City, for defendant-appellant.

Toney Anaya, Atty. Gen., Sammy J. Quintana, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

OPINION

PAYNE, Justice.

Mark Ozarek, the appellant, agreed to repair Barney Sawyer's vehicle. Ozarek was unable to complete the repairs within the promised time and lent his personal car, a 1974 Chevrolet Malibu, to Sawyer. While driving the 1974 Chevrolet, Sawyer was arrested for possession of a controlled substance. The State filed a petition seeking forfeiture of the vehicle pursuant to §§ 54-11-33 and 54-11-34, N.M.S.A. 1953 (Supp. 1975). Ozarek...

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