TOWN OF JUPITER v. GARCIA

No. 96-0730.

698 So.2d 871 (1997)

TOWN OF JUPITER, Florida, Appellant, v. Lazaro GARCIA, Appellee.

District Court of Appeal of Florida, Fourth District.

August 13, 1997.


Attorney(s) appearing for the Case

Thomas J. Baird of Thomas J. Baird, P.A., North Palm Beach, for appellant.

James L. Eisenberg, West Palm Beach, for appellee.


WARNER, Judge.

The Town of Jupiter appeals the trial court's dismissal of its forfeiture complaint in which it sought to forfeit appellee's truck because appellee was found with an illegal sawed-off short-barreled shot gun in it. In dismissing the complaint, the trial court relied on Austin v. United States, 509 U.S. 602, 113 S.Ct. 2801, 125 L.Ed.2d 488 (1993), as interpreted in United States v. Ursery,

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