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IN RE FORFEITURE OF ($28,000.00)

No. 17674.

954 P.2d 93 (1997)

1998-NMCA-029

In re the FORFEITURE OF ($28,000.00) IN UNITED STATES CURRENCY IN VARIOUS DENOMINATIONS and a.380 Handgun. CITY OF ALBUQUERQUE, Plaintiff-Appellant, v. Samuel HAYWOOD, Claimant-Appellee.

Court of Appeals of New Mexico.

Certiorari Denied February 9, 1998.

Attorney(s) appearing for the Case

Mark L. Drebing, Legal Counsel for the Albuquerque Police Department, Albuquerque, for plaintiff-appellant.

Lynn Allan, Albuquerque, for claimant-appellee.

OPINION

BUSTAMANTE, Judge.

1. This case is an action for the forfeiture of money and a handgun seized by the City of Albuquerque (the City) from an automobile owned by Samuel Haywood (Haywood). The City's Petition for Forfeiture alleged that the $28,000 in U.S. currency and the.380 caliber handgun were fruits or instrumentalities of crime subject to seizure and forfeiture under the Controlled Substances Act. See NMSA 1978, §§ 30-31...

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