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STATE v. 790 CASH

No. 36,107-CA.

821 So.2d 609 (2002)

STATE of Louisiana, Plaintiff-Appellee v. $790 CASH, One Remington Model 1100, Serial Number 418472V, One Winchester 30-30 Cal Rifle, Serial Number 3299035, One Remington Model 7400 30-06 Rifle, Serial Number B8332433 and One 2001 Ford Pickup Truck, Maroon in Color, VIN # 2FTRX07L31CA05349, Seized from the Possession of Thomas and Donna Miller, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

June 12, 2002.

Attorney(s) appearing for the Case

Michael E. Kramer, Winnsboro, Robert A. Robertson, Boyce, for Appellant.

Johnny R. Boothe, Penny Wise Douciere, Rayville, for Appellee.

Before BROWN, STEWART and CARAWAY, JJ.

CARAWAY, J.

Upon the State's institution of this forfeiture proceeding and seizure of defendants' vehicle, the defendants moved to set the seizure aside. Following a hearing on defendants' rule to show cause, the trial court found probable cause to maintain the seizure. Nevertheless, the written judgment went further, ordering the forfeiture and public sale of the vehicle. Finding the trial court's ruling on forfeiture premature, we reverse and remand for further...

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