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CRUZ v. GRANT COUNTY SHERIFF'S OFFICE

No. 12839-3-III.

74 Wn. App. 490 (1994)

873 P.2d 1211

JOSE ALFREDO CRUZ, Respondent, v. GRANT COUNTY SHERIFF'S OFFICE, Appellant.

The Court of Appeals of Washington, Division Three.

June 7, 1994.

Attorney(s) appearing for the Case

John D. Knodell, Prosecuting Attorney, and Stephen J. Hallstrom, Deputy, for appellant.

Harold J. Moberg, for respondent.

SCHULTHEIS, J.

In this forfeiture case, the court found Grant County Sheriff's Office (GCSO) produced insufficient evidence that the vehicle it seized was (1) used to facilitate a sale, delivery or receipt of a controlled substance or (2) purchased with proceeds traceable to a controlled substance exchange. GCSO appeals the court's order to surrender the vehicle to its owner, Jose Alfredo Cruz. Because we conclude the court applied the wrong burden of proof at the...

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