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STATE v. NUNEZ

Nos. 23,796, 23,860.

2 P.3d 264 (1999)

129 N.M. 63

2000-NMSC-013

STATE of New Mexico, Plaintiff-Appellant, v. Jesus Diaz NUNEZ and David Michael Chavez, Defendants-Appellees. State of New Mexico, Plaintiff-Appellee, v. Edward Vasquez, and Alex Gallegos, Defendants-Appellants. State of New Mexico, Plaintiff-Appellee, v. Marguerite Vasquez, Defendant-Appellant.

Supreme Court of New Mexico.

Rehearing Denied May 10, 2000.

Attorney(s) appearing for the Case

Patricia A. Madrid, Attorney General, Ann M. Harvey, Assistant Attorney General, Santa Fe, for State of New Mexico.

Liane E. Kerr, Albuquerque, for Jesus Diaz Nunez.

Reber Boult, Albuquerque, for David Michael Chavez.

Phyllis H. Subin, Chief Public Defender, C. David Henderson, Assistant Appellate Defender, Susan Gibbs, Assistant Appellate Defender, Santa Fe, for Edward Vasquez and Marguerite Vasquez.

D. Eric Hannum, Albuquerque, for Alex Gallegos.

S. Rafe Foreman, Flower Mound, TX, for Saul Salcido.

Randi McGinn, Allegra C. Carpenter, Albuquerque, for Amicus Curiae New Mexico Criminal Defense Lawyer's Association.

Mark L. Drebing, Albuquerque, for Amicus Curiae City of Albuquerque and Albuquerque Police Department.

OPINION

FRANCHINI, Justice.

{1} This case concerns five consolidated appeals in which each of the defendants faced criminal charges for the possession or sale of drugs, and were also subject to the civil forfeiture of property, such as vehicles and currency, that was allegedly associated with the crime. These appeals each raise the same issue: whether civil forfeiture under the Controlled Substances Act, NMSA 1978, §§ 30-31-1 to -41 (1972...

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