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IN RE FORFEITURE OF ONE 1982 OLDSMOBILE

No. 87-2083.

527 So.2d 838 (1988)

In re FORFEITURE OF ONE 1982 OLDSMOBILE Vin # 1G3AW69YSCM16759.

District Court of Appeal of Florida, Fourth District.

On Motion for Rehearing July 27, 1988.

Attorney(s) appearing for the Case

Michael G. Kaplan of Spellacy & McFann, P.A., Fort Lauderdale, for appellant — Broward Sheriff's Office.

Hans C. Feige, of Feige & Cranmer, P.A., Coral Springs, for appellee — Gary Swerin.

GLICKSTEIN, Judge.

The Broward County Sheriff's Office appeals a final judgment in favor of respondent in a forfeiture proceeding. We reverse and remand.

Respondent was arrested by Broward County sheriff's deputies on charges of possession of cocaine. A small vial of cocaine was found in his automobile, which was seized by the Sheriff's Office. Forfeiture proceedings were instituted against the automobile.

When instructing the jury on the law, the...

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