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STATE v. ONE 1969 BLUE PONTIAC FIREBIRD

No. 24272.

737 N.W.2d 271 (2007)

2007 SD 63

STATE of South Dakota, Plaintiff and Appellee, v. ONE 1969 BLUE PONTIAC FIREBIRD, VIN # 223379U128403, and $4,303.83 In American Currency, Defendant and Appellant.

Supreme Court of South Dakota.

Decided June 27, 2007.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Pierre, South Dakota, Constance K. Larson, Assistant Attorney General, Sioux Falls, South Dakota, Attorneys for plaintiff and appellee.

Richard L. Johnson, Attorney at Law, Sioux Falls, South Dakota, Attorney for defendant and appellant.

SABERS, Justice.

[¶ 1.] After the State filed a complaint alleging One 1969 Blue Pontiac (Blue Pontiac) and $4,303.83 in American Currency1 were subject to forfeiture, Ora Mae Baade (Baade) filed a verified answer claiming the Blue Pontiac was hers and demanded a jury trial. The circuit court found there is no right to a jury trial in a forfeiture action and denied her request. Baade appeals and we reverse.

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