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MATTER OF FORFEITURE OF $2,730.00

Nos. 19309, 19373.

809 P.2d 1274 (1991)

111 N.M. 746

In the Matter of the FORFEITURE OF TWO THOUSAND SEVEN HUNDRED THIRTY DOLLARS AND NO CENTS ($2,730.00) IN CASH. James C. MITCHELL, Petitioner, v. CITY OF FARMINGTON POLICE DEPARTMENT, Respondent. STATE of New Mexico, ex rel. the NEW MEXICO STATE POLICE DEPARTMENT, Petitioner, v. ONE 1984 PONTIAC 6000, BLUE, 4-DOOR, BEARING CALIFORNIA LICENSE NO. 1JKB811, VIN: 2GKAF19XOEI239511 AND $87,000.00 United States Currency, Respondent.

Supreme Court of New Mexico.

April 10, 1991.

Attorney(s) appearing for the Case

James C. Mitchell, pro se.

David A. Thomsen, Asst. City Atty., Farmington, for respondent in No. 19309.

Albert Roland Fugere, Deputy Counsel, Sp. Asst. Atty. Gen., Dept. of Public Safety, Santa Fe, for petitioner in No. 19373.

Roth, Van Amberg, Gross, Amarant & Rogers, Ronald J. Van Amberg, Santa Fe, for respondent in No. 19373.

OPINION

FRANCHINI, Justice.

These consolidated cases involve forfeiture proceedings initiated by state entities under NMSA 1978, Sections 30-31-34 and 30-31-35 (Repl.Pamp. 1987),1 of the Controlled Substances Act. We granted certiorari to consider an issue posed by both cases: whether execution on a forfeiture judgment divests an appellate court of jurisdiction to consider an appeal...

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