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PEOPLE v. McBEATH

No. 84CA0156.

709 P.2d 38 (1985)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. Grover F. McBEATH, Defendant-Appellee.

Colorado Court of Appeals, Div. II.

Rehearing Denied July 11, 1985.

Certiorari Denied November 4, 1985.

Attorney(s) appearing for the Case

Dennis E. Faulk, Dist. Atty., Steven B. Rich, Deputy Dist. Atty., Fairplay, for plaintiff-appellant.

Kathryn J. Kline, Colorado Springs, for defendant-appellee.

SMITH, Judge.

The People appeal a summary judgment in favor of defendant, Grover F. McBeath, on a claim for abatement and forfeiture pursuant to § 16-13-301, et seq., C.R.S. (1978 Repl. Vol. 8) and § 18-18-108, C.R.S. (1984 Cum.Supp.). We affirm.

Pursuant to a search warrant, the residence which defendant shared with three other persons was searched. In addition to drugs and drug paraphernalia, 14 one hundred dollar bills claimed by defendant as...

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