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PEOPLE v. HIGGINS

No. 95CA0223.

920 P.2d 898 (1996)

The PEOPLE of the State of Colorado, Plaintiff-Appellee, v. Barry L. HIGGINS, Defendant-Appellant.

Colorado Court of Appeals, Div. IV.

Rehearing Denied June 27, 1996.

Attorney(s) appearing for the Case

Gale A. Norton, Attorney General, Stephen K. ErkenBrack, Chief Deputy Attorney General, Timothy M. Tymkovich, Solicitor General, Robert M. Petrusak, Senior Assistant Attorney General, Denver, for Plaintiff-Appellee.

Joseph Saint Veltri, Denver, Wollrab and Associates, P.C., James C. Wollrab, Jr., Boulder, for Defendant-Appellant.

Opinion by Judge KAPELKE.

Defendant, Barry L. Higgins, appeals from the trial court's order denying his Crim. P. 35(c) motion for post-conviction relief. We affirm.

In October of 1993, defendant was arrested and charged with cocaine-related offenses. Shortly thereafter, the district attorney brought a public nuisance action, seeking forfeiture of defendant's home based on allegations that it constituted a public nuisance

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