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STATE EX REL. CAMPBELL v. $18,235.00

No. 104,016.

184 P.3d 1078 (2008)

2008 OK 32

STATE of Oklahoma ex rel. Mark CAMPBELL, District Attorney, Plaintiff/Appellant, v. EIGHTEEN THOUSAND TWO HUNDRED THIRTY-FIVE DOLLARS IN U.S. CURRENCY ($18,235.00), Defendant, Shawn Gandy, Appellee.

Supreme Court of Oklahoma.

April 8, 2008.

Attorney(s) appearing for the Case

Greg Jenkins, Assistant District Attorney, Atoka, Oklahoma, for the Appellant.

Robert Locke, Locke & Moore, Tulsa, Oklahoma, for the Appellee.

TAYLOR, J.

¶ 1 The questions before this Court are (1) whether simple possession in violation of the Uniform Controlled Dangerous Substances Act (the Act), 63 O.S.2001, §§ 2-101 et seq., can give rise to title 63, subsection 2-503(A)(7)'s rebuttable presumption that monies found in close proximity to any amount of a controlled dangerous substance are themselves forfeitable, (2) whether forfeiture pursuant to subsection 2-503(A)(7) of the Act is independent...

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