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STATE v. 1997 CHEVROLET MONTE CARLO

No. 94,025

35 Kan.App. 2d 889 (2006)

STATE OF KANSAS, PRATT COUNTY SHERIFF'S DEPARTMENT, Appellant, v. 1997 CHEVROLET MONTE CARLO (VIN # 2G1WX12X3V9301308); $415.00 U.S. CURRENCY, Appellee.

Court of Appeals of Kansas.

Opinion filed June 23, 2006.

Attorney(s) appearing for the Case

Ernest H. Richardson, county attorney, and Phill Kline, attorney general, for appellant.

Michael S. Holland, and Michael S. Holland, II, of Holland and Holland, of Russell, for appellees.

Before GREENE, P.J., PIERRON and CAPLINGER, JJ.

CAPLINGER, J.

In this appeal of the district court's decision finding Christina Winkel's 1997 Chevrolet Monte Carlo was not subject to forfeiture under K.S.A. 60-4105(a)(2), the State argues the district court erred in finding the vehicle was not used in a manner which facilitated the conduct giving rise to forfeiture—i.e., the sale of marijuana. We hold the district court did not disregard undisputed evidence or exhibit bias, passion, or prejudice in...

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