MATTER OF RESIDENCE AT 15453 NO. 2ND AVE.

No. 1 CA-CV 94-0261.

185 Ariz. 35 (1996)

912 P.2d 39

In the Matter of ONE SINGLE FAMILY RESIDENCE AND REAL PROPERTY LOCATED AT 15453 NORTH SECOND AVENUE, Bearing Legal Description of Lot Forty-Nine (49), Puerta Vieja II, (2) One 1975 Chevrolet Corvette Bearing VIN 1Z37J5S428338; and (3) One 1968 Dodge Charger Bearing VIN XP29F8B201665. STATE of Arizona, ex rel., Grant WOODS, Attorney General, Plaintiff-Appellant, v. Marjorie SIGMAN, Claimant-Appellee.

Court of Appeals of Arizona, Division 1, Department B.

February 15, 1996.


Attorney(s) appearing for the Case

Grant Woods, Attorney General by Cameron H. Holmes, Katrin M. Nelson, Assistant Attorneys General, Phoenix, for Plaintiff-Appellant.

C. Kenneth Ray, II, Phoenix, for Claimant-Appellee.


OPINION

EHRLICH, Judge.

Two important issues in the field of forfeiture law are raised in this appeal. The first concerns jurisdiction over a forfeiture appeal when the res has been released from the actual or constructive custody of the court. The second involves the breadth of the statutory provisions regarding the forfeitability of property used or intended to be used in the facilitation of a drug offense. We conclude that this court maintains jurisdiction...

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