STATE v. LEYVA

No. 1 CA-CV 97-0250.

985 P.2d 498 (1998)

195 Ariz. 13

The STATE of Arizona, Plaintiff-Appellant, v. Francisco F. LEYVA and Sylvia Leyva, husband and wife, Defendants-Appellees.

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

Reconsideration Denied October 22, 1998.

Review Denied September 21, 1999.


Attorney(s) appearing for the Case

Grant Woods, Attorney General by Cameron H. Holmes, Sandra L. Janzen, Assistant Attorneys General, Phoenix, for Appellant.

William Rothstein, Nogales, for Appellees.


OPINION

TOCI, Judge.

¶ 1 After Francisco Leyva pleaded guilty in a criminal action, the state brought this forfeiture proceeding against Francisco and his wife, Sylvia (the "Leyvas"). The trial court imposed a $20,000,000 civil forfeiture judgment against the Leyvas. On appeal, this court found that the $20,000,000 judgment constituted, at least in part, a second punishment in violation of the Double Jeopardy Clause of the Fifth Amendment to the United...

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