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MATTER OF ONE 1965 FORD ECONOLINE VAN, ETC.

No. 1 CA-CIV 3845.

121 Ariz. 477 (1979)

591 P.2d 569

In the Matter of ONE 1965 FORD ECONOLINE VAN, I.D. NO. E14TH591372, CALIF. LIC. NO. 98921U. John PARKER, Appellant, v. STATE of Arizona, Appellee.

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

Rehearing Denied April 16, 1979.

Review Denied May 8, 1979.

Attorney(s) appearing for the Case

Maricopa County Legal Aid Society, by William E. Miller, Jr., and Timothy M. Hogan, Phoenix, for appellant.

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

OPINION

JACOBSON, Judge.

This appeal rises out of the forfeiture of a 1965 Ford Econoline van pursuant to A.R.S. §§ 36-1041 to 36-1048 and requires us to determine the following:

(1) Whether A.R.S. § 36-1041 authorizes forfeiture of a vehicle where there is no evidence the vehicle was used in the sale or trafficking of marijuana, (2) If A.R.S. § 36-1041 allows forfeiture of a vehicle where the occupants are possessing...

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