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ALLEN v. C.L.E.A.N.

No. 93-04303.

650 So.2d 144 (1995)

Paul Eddie ALLEN, Appellant, v. COMBINED LAW ENFORCEMENT AGAINST NARCOTICS (C.L.E.A.N.), Appellee.

District Court of Appeal of Florida, Second District.

February 1, 1995.

Attorney(s) appearing for the Case

Dwight M. Wells, Tampa, for appellant.

Paul E. Liles of J. Michael Hussey & Associates, Fort Myers, for appellee.

FRANK, Chief Judge.

Paul Eddie Allen has appealed from a final judgment of forfeiture on the ground that the court erred by deciding the ultimate issue of forfeiture, a matter within the province of the jury. We agree and reverse.

Section 932.704(3), Florida Statutes (1993), provides as follows:

Any trial on the ultimate issue of forfeiture shall be decided by a jury, unless such right is waived by the claimant through a written waiver on the record...

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