CITY OF EUGENE v. DATSUN

16-93-05896; CA A87776.

908 P.2d 849 (1995)

138 Or. App. 371

CITY OF EUGENE, Oregon, Respondent, v. 1979 280ZX, DATSUN, Oregon License No. TCL 860, VIN NO. HGS130122481, Defendant in rem, and Robert HASH, Appellant.

Court of Appeals of Oregon.

Decided December 27, 1995.


Attorney(s) appearing for the Case

Robert Hash, pro se, filed the briefs for appellant.

F. Douglas Harcleroad, District Attorney, and Melinda C. Broome, Assistant District Attorney, filed the brief for respondent.

Before DEITS, P.J., and De MUNIZ and HASELTON, JJ.


PER CURIAM.

Appellant's property was forfeited in a proceeding that followed his criminal conviction. At the forfeiture proceeding, he claimed that the forfeiture was unconstitutional as an excessive fine/punishment in violation of the Eighth Amendment. Austin v. United States, 509 U.S. ___, 113 S.Ct. 2801, 125 L.Ed.2d 488 (1993). On appeal, he has abandoned that argument. Instead, he argues that the forfeiture proceeding violated the constitutional prohibition...

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