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IN RE 1972 DODGE VAN, ETC.

No. 1 CA-CIV 2630.

24 Ariz. App. 337 (1975)

538 P.2d 766

In the Matter of A 1972 DODGE VAN, CALIFORNIA LICENSE #247-FNB VIN #B11AE2U587244, a Motor Vehicle. STATE of Arizona, Appellant, v. Paul Kevin SWANSON, Appellee.

Court of Appeals of Arizona, Division 1, Department B.

Rehearing Denied September 18, 1975.

Review Denied October 28, 1975.

Attorney(s) appearing for the Case

W. Michael Smith, Yuma County Atty. by Allen J. Clark, Deputy County Atty., Yuma, for appellant.

Jim D. Smith, Yuma, for appellee.

OPINION

JACOBSON, Presiding Judge.

The sole issue involved in this civil appeal from a denial of forfeiture of an automobile, is whether a prior plea agreement in a criminal case precludes the forfeiture.

While there is some dispute as to the facts surrounding the possession and knowledge of the appellee, Paul Kevin Swanson, as to the marijuana found in his vehicle, there is no dispute as to those facts which the court deems material in disposing of...

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