MATTER OF 1969 FORD TRUCK, ETC.

No. 1 CA-CIV 4026.

122 Ariz. 442 (1979)

595 P.2d 674

In the Matter of 1969 FORD TRUCK I.D. NO. E14AHD34733 LICENSE NO. 2CB-870. Michael Ray TORRES, Appellant, v. STATE of Arizona, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

May 8, 1979.


Attorney(s) appearing for the Case

Gama, Guerrero, Iniguez & Alba, P.C. by Hermilio Iniguez, Phoenix, for appellant.

Charles F. Hyder, Maricopa County Atty. by Daniel F. McIlroy, Deputy County Atty., Phoenix, for appellee.


OPINION

JACOBSON, Judge.

The sole issue presented in this forfeiture proceeding is whether the trial court erred in striking the owner's motion to suppress because of his failure to timely file a verified answer pursuant to A.R.S. § 36-1044.

The facts necessary to determine this issue are that on May 4, 1977, the 1969 Ford truck which is the subject of this forfeiture proceeding was seized when one pound of marijuana was found in the vehicle in...

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