PEOPLE v. ONE 1988 MAZDA 323

No. 92CA1491.

857 P.2d 569 (1993)

The PEOPLE of the State of Colorado, Plaintiff-Appellant, v. ONE 1988 MAZDA 323, VIN JM1BF232XJ0131664, and Naomi Phillips, Defendants-Appellees.

Colorado Court of Appeals, Div. III.

July 1, 1993.


Attorney(s) appearing for the Case

Robert R. Gallagher, Jr., Dist. Atty., Brian K. McHugh, Deputy Dist. Atty., Englewood, for plaintiff-appellant.

Robert R. Tiernan, Denver, for defendants-appellees.


Opinion by Judge TURSI.

The People appeal from the judgment entered by the trial court in favor of defendant Naomi Phillips, holding that her Mazda automobile is not subject to forfeiture under Colorado's Abatement of Public Nuisance Act, § 16-13-301, et seq., C.R.S. (1986 Repl.Vol. 8A). We affirm.

The following facts were stipulated to by the parties. Defendant owned the 1988 Mazda that is the subject of this action. She used it lawfully to drive to...

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