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CITY OF NEW HOPE v. 1986 MAZDA 626

No. C6-95-1688.

546 N.W.2d 300 (1996)

CITY OF NEW HOPE, Appellant, v. 1986 MAZDA 626, LICENSE NO. POC147, Respondent.

Court of Appeals of Minnesota.

April 16, 1996.

Attorney(s) appearing for the Case

Martin P. Malecha, Corrick & Sondrall, P.A., Assistant New Hope City Attorney, Brooklyn Park, for appellant.

Richard J. Haefele, Chaska, Heidi M. Schmid, Shorewood, for respondent.

Considered and decided by RANDALL, P.J., and LANSING and KLAPHAKE, JJ.

OPINION

KLAPHAKE, Judge.

The City of New Hope (city) appeals the trial court's dismissal of its motor vehicle forfeiture action brought under Minn.Stat. § 169.1217 (1994). The trial court concluded that forfeiture of the vehicle used by Lisa Ann Pishney while committing an aggravated DWI constituted a second punishment under the Minnesota and Federal Double Jeopardy Clauses because she had previously been convicted and sentenced for that aggravated...

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