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STATE v. ROSENFELD

No. C3-95-1339.

540 N.W.2d 915 (1995)

STATE of Minnesota, Appellant, v. Harlan Jay ROSENFELD, Respondent.

Court of Appeals of Minnesota.

December 26, 1995.

Attorney(s) appearing for the Case

Michael O. Freeman, Hennepin County Attorney, Gayle C. Hendley, Assistant County Attorney, Minneapolis, for Appellant.

Douglas W. Thomson, Lisa D. Lodin, St. Paul, for Respondent.

Hubert H. Humphrey, III, Attorney General, James B. Early, Assistant Attorney General, St. Paul, and Gina G. Washburn, Executive Director, Minnesota County Attorneys Association, St. Paul, for Amici Curiae Attorney General and Minnesota County Attorneys Association.

Considered and decided by PARKER, P.J., TOUSSAINT, C.J., and LANSING, KLAPHAKE, AMUNDSON, HARTEN and FOLEY, JJ.

OPINION

KLAPHAKE, Judge.

Appellant State of Minnesota brought criminal drug charges against respondent Harlan Jay Rosenfeld. The district court dismissed the charges, ruling that a prior forfeiture of certain property under the civil drug forfeiture statute, Minn.Stat. § 609.5311 (1992), constituted punishment of Rosenfeld and that the criminal prosecution therefore violated the constitutional prohibition against double jeopardy. The state appeals the...

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