STATE v. ONE CERTAIN 1982 HONDA AUTO.

No. 83-1484.

353 N.W.2d 90 (1984)

STATE of Iowa, Appellee, v. ONE CERTAIN 1982 HONDA AUTOMOBILE, VIN # JHMSN5229CC033733, Appellant.

Supreme Court of Iowa.

August 22, 1984.


Attorney(s) appearing for the Case

Kermit A. Dunahoo, Des Moines, for appellant.

Virginia Cobb and John C. Powell, Asst. County Attys., for appellee.

Considered by HARRIS, P.J., and McCORMICK, McGIVERIN, LARSON, and CARTER, JJ.


CARTER, Justice.

This appeal challenges an order of forfeiture of an automobile under Iowa Code sections 204.505(8) and 127.9 (1983). The appellant contends that the district court applied an incorrect legal standard in requiring the vehicle to be forfeited. We agree with this contention and find that the State's evidence is inadequate to support a remedy of forfeiture under a correct legal standard.

The owner and three occupants of a 1982 Honda automobile...

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