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IN RE FORFEITURE OF ONE 1970 FORD PICKUP

No. 11673.

823 P.2d 339 (1991)

113 N.M. 97

In re the FORFEITURE OF ONE 1970 FORD PICKUP TRUCK, VIN # F10YKG80404, N.M. LICENSE # HP-7346.

Court of Appeals of New Mexico.

November 1, 1991.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., Gail MacQeusten, Asst. Atty. Gen., Santa Fe, for plaintiff-appellee.

Edward L. Hand, John F. Schaber, P.A., Deming, for defendants-appellants.

OPINION

PICKARD, Judge.

The issue we decide in this case is the extent to which property may be forfeited when it is owned by co-owners, only one of whom participated in and was knowledgeable about the criminal wrongdoing that caused the forfeiture. Appellants, Carolina Garcia (mother) and Paul Garcia (son), appeal the trial court's order forfeiting their interests in a 1970 Ford truck. On the merits, each party adopts the extreme position that the presence...

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