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STATE v. 17,515.00 IN CASH MONEY

No. 20030008.

670 N.W.2d 826 (2003)

2003 ND 168

STATE of North Dakota, Plaintiff and Appellee v. $17,515.00 IN CASH MONEY, $50.00 in Cash Money, Daniel Olivarez, Defendants and Alice Olivarez, Defendant and Appellant.

Supreme Court of North Dakota.

November 13, 2003.

Attorney(s) appearing for the Case

Sharon Wilson Martens, State's Attorney, Grafton, for plaintiff and appellee.

Henry H. Howe, Howe & Seaworth, Grand Forks, for defendant and appellant.

MARING, Justice.

[¶ 1] Alice Olivarez has appealed from a judgment ordering forfeiture of cash found during execution of a search warrant. We affirm, concluding Olivarez was not entitled to a jury trial on the forfeiture and the trial court did not apply an erroneous standard of proof.

I

[¶ 2] On January 2, 2002, police officers executed a search warrant at the home of Daniel Olivarez, Jr., and Alice Olivarez. Officers found 191 bags of...

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