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STATE v. CURRAN

No. 78-11-122; CA 14335.

609 P.2d 427 (1980)

STATE of Oregon, Respondent, v. Scott Hunter CURRAN, Appellant.

Court of Appeals of Oregon, In Banc.

Resubmitted April 9, 1980.

Decided April 14, 1980.

Attorney(s) appearing for the Case

Howard R. Lonergan, Portland, argued the cause for appellant. With him on the brief were Clinton A. Lonergan and Richard L. Lonergan, Portland.

Jan P. Londahl, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James A. Redden, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Resubmitted In Banc April 9, 1980.

JOSEPH, Judge.

This is an appeal from an order forfeiting a motor vehicle. The forfeiture was ordered upon motion, affidavit and citation, following defendant's conviction after jury trial for possession of a controlled substance, namely, cocaine. ORS 475.992(4).

Defendant's assignment of error has two parts: that his vehicle was forfeited without authorized procedure and that he was entitled to a jury trial on the...

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