DEVLIN v. NEW MEXICO STATE POLICE DEPT.

No. 17912.

766 P.2d 916 (1988)

108 N.M. 72

Brian C. DEVLIN (Claimant of One 1986 Volvo, 240-GL, Turbo Charcoal Gray, Temporary Arizona License No. D63132, VIN: YV1AX8842G115623), Petitioner, v. STATE of New Mexico, ex rel. The NEW MEXICO STATE POLICE DEPARTMENT, Respondent.

Supreme Court of New Mexico.

Rehearing Denied January 26, 1989.


Attorney(s) appearing for the Case

Kellahin, Kellahin & Aubrey, Karen Aubrey, Santa Fe, Walter B. Nash, III, Tucson, Ariz., for petitioner.

Albert Toland Fugere, Sp. Asst. Attys. Gen., Santa Fe, for respondent.


OPINION

WALTERS, Justice.

In a forfeiture proceeding following inpoundment of petitioner's automobile and the cash and contraband found therein, the trial court ruled that the automobile was forfeited to the State. Petitioner filed his notice of appeal in a timely manner and, within the period allowed by statute, moved for a stay and supersedeas, which was granted by the district court. Meanwhile, without notice to the court or petitioner, and on the day...

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