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STATE v. ONE SINGLE FAMILY RESIDENCE

No. 1 CA-CV 97-0029.

969 P.2d 166 (1997)

193 Ariz. 1

STATE, of Arizona, Plaintiff-Appellee, v. ONE SINGLE FAMILY RESIDENCE AT 1810 EAST SECOND AVENUE, FLAGSTAFF, ARIZONA, more particularly described as: Sunnyside Farms all that portion of Lot 1 Tract 16A lying west of a straight line beginning at a point 62' west of the northeast corner of said lot to a point 50' west of the southeast corner of said lot; Lot 1 Tract 16A; one 1976 Toyota Station Wagon, Arizona license # AGG 149, VIN RT119033468; one 1978 Toyota Station Wagon, Arizona License # GTS 993, VIN MX36004643, Defendants, Wilson G. Wheatcroft and Janet M. Wheatcroft, Claimants-Appellants.

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

Reconsideration Denied January 12, 1998.

Review Denied September 10, 1998.

Attorney(s) appearing for the Case

Terence C. Hance, Coconino County Attorney by Richard S. Vihel, Assistant County Attorney, Flagstaff, for Plaintiff-Appellee.

Wilson G. Wheatcroft and Janet M. Wheatcroft in propria persona, Flagstaff, Claimants-Appellants.

Grant Woods, Attorney General by Cameron H. Holmes, Assistant Attorney General, Phoenix, Amicus Curiae.

OPINION

PATTERSON, Judge.

Appellant, Wilson G. Wheatcroft, acting on behalf of himself and the defendant res, appeals the superior court judgment ordering forfeiture of the above-referenced res to the Coconino County Attorney.1 We reaffirm the longstanding rule that seizure of the res is a necessary first step for a trial court to have in rem jurisdiction in a forfeiture action. We hold that the state...

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