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PEOPLE v. LOT 23

No. 83CA0953.

707 P.2d 1001 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. LOT 23 AND ALL BUT THE SOUTHERLY 40 FEET OF LOT 22, MOUNTAIN MEADOWS SUBDIVISION, located in Section 30, Township 1 North, Range 71 West, County of Boulder, State of Colorado, and all improvements, appurtenances, the curtilage, buildings, and property therein—including personal, tangible, and intangible, and other personal property including: Approximately $89,676 in United States currency; one personal check valued at $688; Canadian currency, mint proof sets, and miscellaneous bars of Englehard silver, collectively valued at $35,000 in United States Currency; Jill Buckner; Richard D. Jones (As Lessor); Melinda K. Jones (As Lessor); and any and all other unknown persons claiming any interest in the subject matter of this action: Lots 22 and 23, Defendants, and Lloyd Ferrell Wingfield, a/k/a Walter Dawson, Defendant-Appellant.

Colorado Court of Appeals, Div. I.

As Modified on Denial of Rehearing March 28, 1985.

Certiorari Granted October 15, 1985.

Attorney(s) appearing for the Case

Duane Woodard, Atty. Gen., Charles B. Howe, Chief Deputy Atty. Gen., Richard H. Forman, Sol. Gen., John Daniel Dailey, First Asst. Atty. Gen., John Milton Hutchins, Asst. Atty. Gen., Denver, for plaintiff-appellee.

Dixon & Snow, Rod W. Snow, Frank Martinez, Denver, for defendant-appellant.

PIERCE, Judge.

Defendant, Lloyd Ferrell Wingfield, appeals from a judgment and order of abatement and forfeiture entered pursuant to § 16-13-301, et seq., C.R.S. (1978 Repl. Vol. 8). We affirm in part and reverse in part.

Pursuant to a search warrant, Wingfield's residence was searched and in addition to drugs and drug paraphernalia, certain personal property and cash were seized. The search warrant authorized a search for:

"Any suspected cannabis...

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