STATE v. $107,156 U.S. CURRENCY SEIZED

No. 41,090-CA.

935 So.2d 827 (2006)

STATE of Louisiana, Plaintiff-Appellee v. $107,156 U.S. CURRENCY SEIZED, FROM MARLIN MORTON AND RICHARD WOODS, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied August 17, 2006.


Attorney(s) appearing for the Case

Paul A. Lemke, III, for Appellant.

Jerry L. Jones, District Attorney, Robert S. Tew, Assistant District Attorney, for Appellee.

Before WILLIAMS, STEWART and PEATROSS, JJ.


WILLIAMS, J.

The claimant, Richard Woods, appeals the trial court's judgment in favor of the state, ordering the forfeiture of $107,156 under the Seizure and Controlled Dangerous Substances Property Forfeiture Act of 1989 ("Forfeiture Act"). For the reasons that follow, we affirm the trial court's denial of the motion to dismiss the forfeiture action; however, we reverse the trial court's judgment ordering forfeiture of the currency.

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