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STATE v. FRANKLIN

No. 77-209 C; CA 15930.

614 P.2d 1229 (1980)

47 Or.App. 661

STATE of Oregon, Plaintiff, v. Vernell FRANKLIN, Defendant. In the matter of the Retention of One 1964 Pontiac. Leon Wilson, Claimant, Appellant, v. State of Oregon, Respondent.

Court of Appeals of Oregon.

Decided August 11, 1980.

Attorney(s) appearing for the Case

W. Benny Won, Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were James M. Brown, Atty. Gen., and Walter L. Barrie, Sol. Gen., Salem.

Sam A. McKeen, Klamath Falls, argued the cause and filed the brief for appellant.

Before SCHWAB, C.J., and THORNTON and RICHARDSON, JJ.

SCHWAB, Chief Judge.

Claimant, Leon Wilson, appeals from an order forfeiting his automobile based upon the conviction of Vernell Franklin for transporting heroin in the automobile and based upon the finding, made at the conclusion of the forfeiture hearing, that "the vehicle owned by [claimant] was being used [by Franklin] with the knowledge and knowing consent of [claimant] for the unlawful transportation * * * of * * heroin...

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