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STATE EX REL. LADD v. $457.02

No. 107,350. Released for Publication by Order of the Court of Civil Appeals of Oklahoma, Division No. 2.

260 P.3d 1288 (2011)

2011 OK CIV APP 93

The STATE of Oklahoma ex rel. Craig LADD, District Attorney, Plaintiff/Appellee, v. $457.02 in U.S. currency, Defendant, and Embry Jay Loftis, Appellant.

Court of Civil Appeals of Oklahoma, Division No. 2.

July 13, 2011.

Attorney(s) appearing for the Case

Craig Ladd , District Attorney, Timothy W. Burson , Assistant District Attorney, Ardmore, Oklahoma, for Plaintiff/Appellee.

Embry J. Loftis , Lawton, Oklahoma, Pro Se.

JOHN F. FISCHER, Vice Chief Judge.

¶ 1 Appellant Embry Jay Loftis appeals the denial of his motion for new trial in this forfeiture proceeding. Because the original judgment of forfeiture was entered by default, the State did not prove that the property seized was subject to forfeiture as required by statute. Therefore we find it was error to deny Loftis' motion for new trial and we reverse and remand the case for further...

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