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STATE EX REL. REDMAN v. $122.44

No. 106292.

231 P.3d 1150 (2010)

2010 OK 19

STATE of Oklahoma ex rel. Emily REDMAN, District Attorney, Plaintiff/Appellee, v. $122.44; Digital Scales; Cabela's Safe SN 2020515; Remington 12 GA Shotgun SN N976879V; Sears and Roebuck Model 20-12 GA Shotgun SN Unknown; Mossberg 12 GA Shotgun SN MV20207K; New Haven Mossberg 22 Mag SN 1126464; JC Higgins Sears and Roebuck Model 583.1 12 GA Shotgun SN Unknown; Winchester Model 67 22 Rifle SN Unknown; Ruger 12-22 Rifle SN 29010763; Browning Belgian Made 22 Rifle SN 3174459; Rossi 17 HMR Cal SN AC015402; Romanian 762X39 SN 1412992003; Ruger 10-22 SN 23496522; Ruger Mini 14 SN 18050780; Interarms 44 Mag SN M035407; Winchester 30-30 SN USA 19236; Cricket 22 CAL SN 131451; Smith and Wesson 50 Cal Pistol SN CJDO940; Colt 22 CAL Pistol SN PH41279; 2 Holsters 7 Gun Magazines; 2 Knives; 7 Pocket Knives; 1 Bushnell Scope; AR 15 Carry Handle; Sling; and Straight Razor, Defendants, and Joseph Harrell, Jr., Respondent/Appellant.

Supreme Court of Oklahoma.

March 2, 2010.

Attorney(s) appearing for the Case

Emily Redman, District Attorney, Julie Cuesta-Naifeh, Assistant District Attorney, Durant, OK, for Defendant/Appellee.

D. Michael Haggerty, II, Haggerty Law Office, PLLC, Durant, OK, for Plaintiff/Appellant.

REIF, J.:

¶ 1 The issue presented on certiorari review is whether the trial court and the Court of Civil Appeals correctly forfeited weapons that were kept in the same residence where marijuana was found that, in turn, led to a conviction of the owner for possession of marijuana with intent to distribute. Upon certiorari review, we hold that the trial court and the Court of Civil Appeals erred in the forfeiture of the weapons in question and reverse.

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