IN MATTER OF FORFEITURE OF $3,000.00 U.S. CURRENCY

No. 2 CA-CV 89-0215.

164 Ariz. 120 (1990)

791 P.2d 646

In the Matter of the FORFEITURE OF $3,000.00 UNITED STATES CURRENCY. Appeal of Gabriel LIRA.

Court of Appeals of Arizona, Division 2, Department B.

Reconsideration Denied May 9, 1990.


Attorney(s) appearing for the Case

Dolny, O'Hare & Barnett by George Salazar Barnett, Tucson, for appellant.

Jose Luis Machado, Santa Cruz County Atty. by Enrique R. Gonzales, Nogales, for appellee.


OPINION

LIVERMORE, Presiding Judge.

On October 17, 1988, money belonging to appellant Gabriel Lira-Galvan was seized by Border Patrol agents. The Santa Cruz County Attorney brought a forfeiture action. Appellant contested that action by filing a petition for remission of forfeiture of the property under A.R.S. § 13-4309(2). He did not, as that statute requires, sign the petition under penalty of perjury pursuant to § 13-4311(E). After hearing, the...

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