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STATE v. ONE 1985 MERCEDES 190D AUTO.

No. S-93-519.

526 N.W.2d 657 (1995)

247 Neb. 335

STATE of Nebraska, Appellee, v. ONE 1985 MERCEDES 190D AUTOMOBILE, Nebraska License 2-S153, VIN WDBDB22C6FF120226, Appellee, and Kevin Ballard, Interested Party, Appellant.

Supreme Court of Nebraska.

February 3, 1995.

Attorney(s) appearing for the Case

Patrick T. O'Brien of Bauer, Galter, O'Brien, Allan & Butler, Lincoln, for appellant.

Don Stenberg, Atty. Gen. and Joseph P. Loudon, Lincoln, for appellee State.

HASTINGS, C.J., WHITE, CAPORALE, FAHRNBRUCH, LANPHIER, and WRIGHT, JJ., and BOSLAUGH, J., Retired.

FAHRNBRUCH, Justice.

Kevin Ballard appeals a district court order forfeiting to the State his 1985 Mercedes Benz 190D, vehicle identification number WDBDB22C6FF120226, after Lincoln police stopped it and found crack cocaine in the backseat.

It is inherent in the district court's order that the trial judge found, beyond a reasonable doubt, that Ballard's Mercedes was used or was intended for use to facilitate a violation...

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