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BARTON v. STATE

No. 82-1385.

448 So.2d 53 (1984)

James Edward BARTON, Etc., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

April 5, 1984.

Attorney(s) appearing for the Case

Ralph Elver, LaBelle, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Evelyn D. Golden, Asst. Atty. Gen., Daytona Beach, for appellee.

FRANK D. UPCHURCH, Jr., Judge.

James Edward Barton appeals from a final judgment forfeiting his jeep and its contents pursuant to Chapter 932, Florida Statutes (1981), the Florida Contraband Forfeiture Act. We reverse and remand.

After the state presented its case, Barton moved to dismiss the petition on the ground that a prima facie case had not been established. After each side presented argument as to the motion, the following exchange occurred:

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