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  5. 712 N.W.2d 646 (2006)
 

STATE v. ONE `95 SILVER JEEP GRAND CHEROKEE

No. 23735.

712 N.W.2d 646 (2006)

2006 SD 29

STATE of South Dakota, Plaintiff and Appellant, v. ONE 1995 SILVER JEEP GRAND CHEROKEE, VIN # 1J4GZ78Y4SC548019 and $497 In American Currency, Defendant and Appellee.

Supreme Court of South Dakota.

Decided March 29, 2006.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Jeffery J. Tronvold, Assistant Attorney General, Pierre, SD, for plaintiff and appellant.

Julie A. Hofer, Sioux Falls, SD, for defendant and appellee.

GILBERTSON, Chief Justice.

[¶ 1.] The State of South Dakota (State) appeals the circuit court's order determining forfeiture of one 1995 Silver Jeep Grand Cherokee, vin # 1J4GZ78Y4SC548019, was grossly disproportionate in violation of the Eighth Amendment of the United States Constitution and Article VI, Section 23 of the South Dakota Constitution. We reverse.

FACTS

[¶ 2.] On October 9, 2003...

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