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STATE v. LYNCH

No. 14814-9-III.

929 P.2d 460 (1996)

84 Wash.App. 467

The STATE of Washington, Appellant, v. Gary Martin LYNCH, Respondent.

Court of Appeals of Washington, Division 3, Panel One.

December 31, 1996.

Attorney(s) appearing for the Case

Kevin M. Korsmo, Deputy Prosecuting Attorney, Spokane, for Appellant.

Frank V. Bartoletta, Sanger & Bartoletta, Spokane, Gwenna R. Wootress, Seattle, for Respondent.

MUNSON, Judge.

RCW 69.50.505 permits the seizure and forfeiture of property that is used to facilitate a violation of the Uniform Controlled Substances Act, RCW 69.50, or proceeds from a violation. In this case, we are asked to decide whether such a forfeiture is "punishment" for the purpose of the double jeopardy provisions of the federal and state constitutions, and therefore bars the subsequent prosecution of Gary M. Lynch for possession of cocaine.

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