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STATE v. EASTMAN

CC 83-600; CA A30856.

697 P.2d 995 (1985)

73 Or.App. 60

STATE of Oregon, Respondent, v. Al EASTMAN, Sheriff of Clatsop County, Respondent, Arden G. Danielson; Steven Danielson; Ronald Danielson; Robert Danielson; and David Danielson, Appellants.

Court of Appeals of Oregon.

Decided April 3, 1985.

Attorney(s) appearing for the Case

James W. Young, Forest Grove, argued the cause for appellants. With him on the briefs were Bump, Young & Walker, Forest Grove.

Robert M. Atkinson, Asst. Atty. Gen., Salem, argued the cause for respondent State of Oregon. With him on the brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen.

Kenneth S. Eiler, Seaside, waived appearance for respondent Clatsop County.

Before JOSEPH, C.J., and WARDEN and NEWMAN, JJ.

WARDEN, Judge.

Defendants Danielson appeal from a judgment that declared the state the rightful owner of a motor home that the Danielsons' debtor had forfeited to the state in an earlier criminal proceeding in Clatsop County. We reverse.

On August 2, 1982, the state charged David LaTec in Clatsop County with the unlawful possession of controlled substances. On August 3, the Department of State Police (Department) notified LaTec that his motor home and automobile...

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