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STATE v. ONE 1984 OLDSMOBILE

No. 940115.

892 P.2d 1042 (1995)

STATE of Utah, Plaintiff and Appellee, v. ONE 1984 OLDSMOBILE and One Hundred Eighty-Nine Thousand Eight Hundred Seventy Dollars in United States Currency, Defendants. Jesus Valenzuela, Appellant.

Supreme Court of Utah.

March 24, 1995.

Attorney(s) appearing for the Case

Jan Graham, Atty. Gen., Salt Lake City, and Rulon Don Brown, Richfield, for plaintiff.

Stephen R. McCaughey, Salt Lake City, and Donovan Dunnion, San Diego, CA, for defendants.

ZIMMERMAN, Chief Justice:

Jesus Valenzuela appeals an order of the district court granting the State's petition, filed pursuant to the Utah Controlled Substances Act,1 for the forfeiture of $189,870 in United States currency.2 We reverse.

We reverse a trial court's findings of fact only if they are "`against the clear weight of the evidence,' thus making them `clearly erroneous.'" In re Estate of...

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