COM. v. ONE 1983 TOYOTA COROLLA


134 Pa.Commw. 325 (1990)

578 A.2d 90

COMMONWEALTH of Pennsylvania, Appellant, v. ONE 1983 TOYOTA COROLLA Seized from John CARDAMONE, Appellee.

Commonwealth Court of Pennsylvania.

Decided August 1, 1990.


Attorney(s) appearing for the Case

George S. Leone, Asst. Dist. Atty., with him, Ronald Eisenberg, Chief, Appeals Unit, Gaele McLaughlin Barthold, Deputy Dist. Atty., William G. Chadwick, Jr., First Asst. Dist. Atty., and Ronald D. Castille, Dist. Atty., for appellant.

A. Charles Peruto, Jr., for appellee.

Before COLINS and SMITH, JJ., and SILVESTRI, Senior Judge.


SMITH, Judge.

The Commonwealth of Pennsylvania appeals an order entered by the Court of Common Pleas of Philadelphia County denying its petition for forfeiture and granting John Cardamone's (Defendant) petition for return of property. The issues presented on appeal are whether the trial court misapplied Section 6801 of the Controlled Substances Forfeitures Act (Act), 42 Pa.C.S. § 6801 and whether it erroneously relied upon the de minimis provisions contained...

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