MATTER OF 1972 FORD VAN, ETC.

No. 1 CA-CIV 3890.

127 Ariz. 454 (1979)

622 P.2d 13

In the Matter of 1972 FORD VAN, ID NO. E34AHP80972, LIC. NO. 1123HF (NEW YORK). Richard J. SEXSTONE, Appellant, v. STATE of Arizona, Appellee.

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

February 20, 1979.


Attorney(s) appearing for the Case

Monbleau, Vermeire & Turley, P.C., by Albert R. Vermeire, Phoenix, for appellant.

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


OPINION

OGG, Chief Judge, Division 1.

The issues presented in this appeal are whether the state satisfied the burden of proving that marijuana is a narcotic drug within the meaning of the forfeiture of vehicle statute, A.R.S. § 36-1041, and if so, whether that statute is unconstitutional as applied.

This appeal is from a civil proceeding in which it was determined that the appellant real party in interest, Richard J. Sexstone, had forfeited the...

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