STATE v. RESIDENCE LOCATED AT 5708 PASEO

No. WD 49042.

896 S.W.2d 532 (1995)

STATE of Missouri, Appellant, v. RESIDENCE LOCATED AT 5708 PASEO, KANSAS CITY, MISSOURI, Richard M. Elbert and Chandra R. Mercer, Respondents.

Missouri Court of Appeals, Western District.

April 25, 1995.


Attorney(s) appearing for the Case

Jeremiah W. (Jay) Nixon, Atty. Gen., Theodore A. Bruce, Asst. Atty. Gen., Jefferson City, for appellant.

Richard M. Elbert, Kansas City, pro se.

Chandra R. Mercer, Kansas City, pro se.

Before HANNA, P.J. and BRECKENRIDGE and SMART, JJ.


BRECKENRIDGE, Judge.

The State appeals a decision of the Circuit Court of Jackson County, denying its petition for forfeiture of real property under the Criminal Activity Forfeiture Act (CAFA), §§ 513.600 et seq., RSMo 1986.1 The judgment is affirmed.

The State raises one point on appeal, arguing that the court erred in failing to hold that ongoing criminal activity occurred at 5708 Paseo (the House), since uncontroverted...

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