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CITY OF PORTLAND v. $4,345 U.S. CURRENCY

91-C-735353; CA A70549.

845 P.2d 1301 (1993)

118 Or. App. 72

CITY OF PORTLAND, a political subdivision of the State of Oregon, Respondent, v. $4,345 IN U.S. CURRENCY, 187,000 pesos, and one 1985 Pontiac Fiero, RFY-058, Defendant, Sixtos Magana and Gloria Izazaga, Appellants.

Court of Appeals of Oregon.

Decided February 3, 1993.

Attorney(s) appearing for the Case

Helen L. Cooper, Salem, waived oral argument for appellants. With her on the brief was Ferder, Ogdahl, Brandt & Casebeer, Salem.

Val C. Morley, Deputy Dist. Atty., Portland, argued the cause for respondent. With him on the brief was Michael D. Schrunk, Dist. Atty., Portland.

Before ROSSMAN, P.J., and DE MUNIZ and LEESON, JJ.

DE MUNIZ, Judge.

Claimant Magana appeals from a civil forfeiture judgment.1 He contends that the court erred by denying his motion to set the judgment aside, because the seizure of his property was ruled unlawful in a separate criminal case.2

Claimant was driving eastbound on Sandy Boulevard in Portland when he was stopped by Portland police officers for a...

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