MATTER OF $10,098.00 IN U.S. CURRENCY

No. 1 CA-CV 91-0307.

175 Ariz. 237 (1993)

854 P.2d 1223

In the Matter of TEN THOUSAND NINETY-EIGHT DOLLARS ($10,098.00) IN UNITED STATES CURRENCY. CITY OF TEMPE, Appellee, v. Alexander DIMITRIOU, Claimant-Appellant.

Court of Appeals of Arizona, Division 1, Department E.

June 22, 1993.


Attorney(s) appearing for the Case

George M. Sterling, Jr., Phoenix, for claimant-appellant.

Geraldine R. Mattern, Tempe City Prosecutor, Tempe, for appellee City of Tempe.

Grant Woods, Atty. Gen. by Cameron H. Holmes, Asst. Atty. Gen., Phoenix, for amicus curiae.


OPINION

VOSS, Judge.

This case involves a civil in rem action filed by the City of Tempe (the "City") for the forfeiture of cash in the amount of $10,098.00 pursuant to the provisions of Ariz. Rev. Stat. Ann. ("A.R.S.") §§ 13-3413(A) and 13-4301 to 13-4315. Appellant Alexander Dimitriou ("Dimitriou") has appealed from the trial court's order of forfeiture, arguing that: (1) the money could not be validly forfeited pursuant to A.R.S. §...

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