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STATE DEPT. OF REVENUE v. DRAYTON

1910800.

617 So.2d 675 (1992)

Ex Parte State of Alabama Department of Revenue. Re STATE DEPARTMENT OF REVENUE v. Curtis DRAYTON.

Supreme Court of Alabama.

Rehearing Denied November 13, 1992.

Attorney(s) appearing for the Case

James H. Evans, Atty. Gen., and Ron Bowden, Chief Counsel, Dept. of Rev. and Sp. Asst. Atty. Gen., and Michael A. Givens, Sp. Asst. Atty. Gen., for petitioner.

H. Lewis Gillis of Thomas, Means & Gillis, and Ira De Ment, Montgomery, for respondent.

KENNEDY, Justice.

On May 13, 1989, Curtis Lee Drayton was arrested for possession of approximately 53.7 grams of cocaine. When Drayton was arrested, certain items of jewelry were seized from his person as drug proceeds. On August 8, 1989, the Alabama Department of Revenue entered a final jeopardy assessment of marihuana and controlled substances tax against Drayton in the amount of $21,600.

The tax assessment was made pursuant to the "Drugs and Controlled...

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