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STATE v. 1978 LTD II

No. 84-439.

701 P.2d 1365 (1985)

STATE of Montana, Plaintiff and Appellant, v. 1978 LTD II and Ricky Hendrickson, Defendant and Respondent.

Supreme Court of Montana.

Decided June 25, 1985.

Attorney(s) appearing for the Case

Mike Greely, Atty. Gen., Helena, Ronald W. Smith, Co. Atty., Edward Corrigan argued, Deputy County Atty, Havre, for plaintiff and appellant.

James Conway argued, Montana Legal Services, Kalispell, for defendant and respondent.

HARRISON, Justice.

This is an appeal from an order of the District Court, Twelfth Judicial District, dismissing forfeiture proceedings against an automobile on the grounds that proper notice of seizure and intention to institute forfeiture proceedings was not sent to the owner within forty-five days of the seizure as required by section 44-12-201, MCA.

Ricky Hendrickson was arrested on January 25, 1984, for having LSD and marijuana in his possession while...

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