IN RE FORFEITURE $2,454.00 U.S. CURR.

No. BN-247.

503 So.2d 370 (1987)

In re FORFEITURE OF TWO THOUSAND FOUR HUNDRED FIFTY-FOUR DOLLARS ($2,454.00) IN U.S. CURRENCY. CITY OF GAINESVILLE, Appellant, v. George D. BELLESHEIM, Appellee.

District Court of Appeal of Florida, First District.

February 11, 1987.


Attorney(s) appearing for the Case

Allan K. Kaye, City of Gainesville Police Department, for appellant.

Thomas J. Farkash of Fine, Farkash & Parlapiano, Gainesville, for appellee.


WENTWORTH, Judge.

The City of Gainesville seeks review of an order by which forfeiture of currency was denied and the City was directed to effect the return of such property. In denying forfeiture the court indicated that there was insufficient evidence to conclude that the currency had been utilized in the commission of a felony. The City argues on appeal that the court applied an improper burden of proof. We find no error in this regard and we therefore affirm the...

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