MATTER OF 1988 CHEV. 1/2 PU

No. 2CA-CV95-0251.

186 Ariz. 419 (1996)

924 P.2d 109

In the Matter of 1988 CHEVROLET 1/2 PU, VIN: 1GCDC14K0JZ277075, Lic: 3145-AL. Seized in AZ. DPS Case No. 95-01942. F.I.D. No. 950126UC04 Claimant: Anna Maria Bazua.

Court of Appeals of Arizona, Division 2, Department B.

Review Denied September 24, 1996.


Attorney(s) appearing for the Case

Nash & Jones, P.C. by Richard B. Jones and Walter B. Nash, III, Tucson, for Claimant.

Stephen D. Neely, Pima County Attorney by Christopher J. Roads, Tucson, for State.

Grant Woods, The Attorney General by Cameron H. Holmes, Phoenix, for amicus curiae.


HATHAWAY, Judge.

This appeal is taken from the trial court's conclusion that appellant failed to carry her burden of proof in a forfeiture case. Appellant permitted her brother to use her pickup truck. He was stopped for speeding, and when the officer approached the truck, he smelled and then found a quantity of marijuana in the truck. The state sought forfeiture of the truck, which appellant contested, claiming that she did not know nor should she have known that...

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