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STATE v. U.S. CURRENCY IN THE AMOUNT OF $3,743

No. 77,332.

25 Kan. App.2d 54 (1998)

956 P.2d 1351

STATE OF KANSAS, Appellee, v. U.S. CURRENCY IN THE AMOUNT OF $3,743 (DALE CLAYTON), Appellant.

Court of Appeals of Kansas.

Opinion filed April 17, 1998.

Attorney(s) appearing for the Case

F. G. Manzanares, of Topeka, for appellant.

James A. Brown, assistant district attorney, Joan M. Hamilton, district attorney, and Carla J. Stovall, attorney general, for appellee.

Before ROYSE, P.J., MARQUARDT and KNUDSON, JJ.

ROYSE, J.:

The State brought this forfeiture action pursuant to K.S.A. 65-4171. The district court determined that Dale Clayton was in default and ordered the sum of $3,743 forfeited to the State. Clayton filed a motion to set aside the default judgment, arguing that he was deprived of his property without due process of law under the Kansas and United States Constitutions. The district court denied the motion, and Clayton appeals. We reverse and remand for further...

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