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FORFEITURE OF $14,639 IN U.S. CURRENCY

No. 15525.

902 P.2d 563 (1995)

120 N.M. 408

In re FORFEITURE OF FOURTEEN THOUSAND SIX HUNDRED THIRTY NINE DOLLARS ($14,639) IN UNITED STATES CURRENCY IN VARIOUS DENOMINATIONS AND TWO (2) DIGITAL PAGERS. ALBUQUERQUE POLICE DEPARTMENT, Petitioner-Appellant, v. Toby Orlando MARTINEZ, Respondent-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied August 24, 1995.

Attorney(s) appearing for the Case

Sharon D. Walton, Albuquerque, for petitioner-appellant.

Todd Hotchkiss, Timothy M. Padilla & Associates, P.C., Armand T. Carian, Albuquerque, for respondent-appellee.

OPINION

FLORES, Judge.

The Albuquerque Police Department (the Department) appeals from the trial court's order and judgment setting aside a default judgment in favor of the Department, ordering the return of certain seized property to Respondent (Martinez), and in essence dismissing the forfeiture case. The Department raises several issues on appeal, contending that the trial court erred (1) by dismissing the forfeiture petition (a) when there was...

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