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COM. v. BRUNSON

Record Nos. 931142, 931658.

448 S.E.2d 393 (1994)

COMMONWEALTH of Virginia v. Marty BRUNSON, et al. COMMONWEALTH of Virginia v. $1950.00 U.S. CURRENCY, etc.

Supreme Court of Virginia.

September 16, 1994.

Attorney(s) appearing for the Case

John B. Russell, Jr., Sr. Asst. Atty. Gen. (James S. Gilmore, III, Atty. Gen., on brief), for amicus curiae appellant.

John E. Kloch, Commonwealth's Atty., S. Randolph Sengel, Deputy Commonwealth's Atty., on brief, for appellant, in No. 931142.

Donald R. Allen, Alexandria, for appellees, in No. 931142.

Bruce C. Morris, Commonwealth's Atty., G. Russell Stone, Jr., Deputy Commonwealth's Atty., on brief, for appellant, in No. 931658.

Beverly D. Crawford, Saad El-Amin; El-Amin & Crawford, Richmond, on brief, for appellees, in No. 931658.

Present: All the Justices.

LACY, Justice.

In these appeals we consider whether the requirement in Code § 19.2-386.3(A) that an information for forfeiture be filed within 90 days of the date the property is seized is jurisdictional.

In Commonwealth v. Brunson, Record No. 931142, the police seized $413 in cash when they arrested Marty Brunson and charged him with possession of cocaine with intent to distribute. The seizure occurred on May 17, 1991. Fifteen months later, on...

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