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STATE v. ONE 1990 CHEVROLET PICKUP

Civ. No. 940066.

523 N.W.2d 389 (1994)

STATE of North Dakota, Plaintiff and Appellant, v. ONE 1990 CHEVROLET PICKUP, VIN 1GCDK14K8LZ185153, Defendant and Appellee.

Supreme Court of North Dakota.

October 27, 1994.

Attorney(s) appearing for the Case

Sidney J. Hertz Fiergola (argued), Sp. Asst. Atty. Gen., Maple Grove, for plaintiff and appellant.

Ella Van Berkom Law Firm, Minot, for defendant and appellee; argued by Ella Van Berkom.

MESCHKE, Justice.

The State of North Dakota appealed from a judgment returning one 1990 black Chevrolet pickup to James Horsfall, holding it was not forfeitable because he had not been convicted of a felony. We reverse and remand for the trial court to weigh the evidence correctly.

Horsfall drove his pickup to a friend's home in Minot, located across the street from a house being remodeled. Horsfall and four companions went inside the unoccupied house across...

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