4801 DOLLARS v. LAFAYETTE COUNTY

No. 2008-CA-02126-COA.

22 So.3d 394 (2009)

FOUR THOUSAND EIGHT HUNDRED ONE DOLLARS, Appellant, v. LAFAYETTE COUNTY METRO NARCOTICS UNIT, Appellee.

Court of Appeals of Mississippi.

December 1, 2009.


Attorney(s) appearing for the Case

Kevin W. Frye, Alan T. Alexander, James B. Justice, Oxford, attorneys for appellant.

Office of the District Attorney by Leilani L. Hill, attorney for appellee.

BEFORE MYERS, P.J., IRVING and GRIFFIS, JJ.


IRVING, J., for the Court.

¶ 1. This appeal arises from the Lafayette County Circuit Court's order of forfeiture of $4,801 from Derek Nations. Aggrieved by the judgment, Nations appeals and asserts: (1) that a "close proximity" presumption does not apply in this case; (2) that if such a presumption exists, it was rebutted; and (3) that the State did not prove that the seized money was possessed "for the purposes of facilitating an illegal narcotics scheme."<...

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