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IN RE FORFEITURE 1987 FORD ESCORT GL

No. 93-00712.

624 So.2d 385 (1993)

In re FORFEITURE of 1987 FORD ESCORT GL 2 Dr. HATCHBACK, VIN 2FAPP2192HB164806. STATE of Florida, ex rel. LEE COUNTY, For the Use and Benefit of the LEE COUNTY SHERIFF'S DEPARTMENT, APPELLANT, v. Richard H. POTTS, Appellee.

District Court of Appeal of Florida, Second District.

September 22, 1993.

Attorney(s) appearing for the Case

J. Michael Hussey and Paul E. Liles of O'Halloran, Johnson, Waltermyer & Hussey, Ft. Myers, for appellant.

Steven D. Holmes of Steven D. Holmes, P.A., Ft. Myers, for appellee.

HALL, Judge.

The appellant, the Lee County Sheriff's Department, challenges a trial court order denying its request for forfeiture of a vehicle, wherein a certain quantity of crack cocaine was discovered. The sheriff's department contends the trial court erred in denying its petition, without an evidentiary hearing, on grounds that the appellee, Richard H. Potts, the owner of the vehicle, was never criminally prosecuted for possession of crack cocaine. The sheriff...

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