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  5. 857 P.2d 44 (1993)
 

STATE v. ONE 1990 CHEVROLET PICKUP

Nos. 13,728, 13,731, 14,242.

857 P.2d 44 (1993)

115 N.M.App. 644

STATE of New Mexico ex rel. The DEPARTMENT OF PUBLIC SAFETY, STATE POLICE DIVISION, Plaintiff-Appellant, v. ONE 1990 CHEVROLET PICKUP, MODEL Z-71, FOUR WHEEL DRIVE, WHITE, BEARING TEXAS LICENSE NO. 3003VR, VIN: 1GCDK14K6LZ204458, Defendant-Appellee. (Two Cases). In the Matter of the FORFEITURE OF ONE 1990 FORD RANGER PICKUP, VIN: 1FTCR10AXLUA86836, WHITE IN COLOR, LICENSE NO. 347 BMC. CITY OF DEMING, New Mexico, a Municipal Corporation, Plaintiff-Appellee, v. Thomas ORTEGA, Defendant-Appellant.

Court of Appeals of New Mexico.

Certiorari Denied July 16, 1993.

Attorney(s) appearing for the Case

Tom Udall, Atty. Gen., John W. Wheeler, Sp. Asst. Atty. Gen., Santa Fe, Michael E. Vigil, Marchiondo & Vigil, P.A., Albuquerque, for plaintiff-appellant.

Temple B. Ingram, El Paso, for defendant-appellee.

Robert C. Floyd, Deming, for plaintiff-appellee in No. 13,731.

H.R. Quintero, Robinson & Quintero, P.C., Silver City, for defendant-appellant in No. 13,731.

William H. Carpenter, Michael B. Browde, Albuquerque, amicus curiae New Mexico Trial Lawyers Ass'n in No. 13,731.

Charles W. Daniels, Albuquerque, amicus curiae New Mexico Criminal Defense Lawyers Ass'n in No. 13,731.

OPINION

CHAVEZ, Judge.

We have consolidated the above three cases because each raises the issue of whether NMSA 1978, Section 30-31-34(D) (Repl.Pamp. 1989), provides for forfeiture of vehicles and other property when the owner of the property is in possession of a small amount of controlled substances designated solely for personal use. We hold that, in order for property to be forfeited under Section 30-31-34, possession of a controlled substance...

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