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STATE v. ONE 2002 DODGE INTREPID AUTO.

No. 20130186.

841 N.W.2d 239 (2013)

2013 ND 234

STATE of North Dakota, Appellee and Plaintiff v. ONE 2002 DODGE INTREPID AUTOMOBILE, Defendant. Kawo Otis Flah, Interested Party and Appellant.

Supreme Court of North Dakota.

December 19, 2013.

Attorney(s) appearing for the Case

Dawn M. Deitz , Assistant State's Attorney, Bismarck, ND, for appellee and plaintiff.

Kawo O. Flah , self-represented, Jamestown, ND, interested party and appellant; submitted on brief.

KAPSNER, Justice.

[¶ 1] Kawo Otis Flah appeals from a district court order mandating forfeiture of a 2002 Dodge Intrepid. Because Flah's due process rights were violated when the notice to appear was mailed to Flah at a residential address rather than at his in-custody address, we reverse the district court judgment and remand for proceedings consistent with this opinion.

I

[¶ 2] On April 30, 2012, Flah participated in the controlled sale...

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