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STATE v. WATLEY

No. C4-95-1107.

541 N.W.2d 345 (1995)

STATE of Minnesota, Appellant, v. Chester C. WATLEY, Respondent.

Court of Appeals of Minnesota.

Review Denied February 27, 1996.

Attorney(s) appearing for the Case

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

William R. Kennedy, Hennepin County Public Defender, James Kamin, Assistant Public Defender, Minneapolis, for Respondent.

Hubert H. Humphrey, III, Attorney General, James B. Early, Assistant Attorney General, 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

DANIEL F. FOLEY, Judge.

The state appeals the dismissal of criminal drug charges against respondent. The district court ruled that double jeopardy barred the criminal prosecution because of a prior civil administrative forfeiture of property found in proximity to the controlled substances seized from respondent. We do not reach the issue of whether the civil forfeiture here constituted punishment upon which double jeopardy may apply. Instead, we...

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