TURSI, Judge.
The sole issue on appeal in this forfeiture action is whether it is proper to raise the defense of statute of limitations in a motion to dismiss pursuant to C.R.C.P. 12(b), or must it be raised as an affirmative defense in a responsive pleading pursuant to C.R.C.P. 8(c). The trial court found that the affirmative defense of statute of limitations was properly raised in a motion to dismiss, and therefore granted the motion. On appeal by the People, we...
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