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WHERRY v. STATE EX REL BROOKS

AV92000674.

637 So.2d 1353 (1994)

Maurice WHERRY and $9,828.00 in lawful United States Currency v. STATE of Alabama ex rel. Morris J. BROOKS, District Attorney.

Court of Civil Appeals of Alabama.

Rehearing Denied April 8, 1994.

Attorney(s) appearing for the Case

L. Thomas Ryan, Jr., Huntsville, for appellant.

James H. Evans, Atty. Gen., and Jack W. Willis, Asst. Atty. Gen., for appellee.

ROBERTSON, Presiding Judge.

Following an ore tenus proceeding, the trial court entered a judgment, condemning and forfeiting $9,828 in United States currency pursuant to § 20-2-93, Ala.Code 1975. The currency was seized from the residence and person of Maurice Wherry during Wherry's arrest for possession of cocaine. Section 20-2-93(a)(4), as amended in 1988, subjects to forfeiture any money used or intended to be used to facilitate a violation of any law of this...

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