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MATTER OF 1972 CHEVROLET MONTE CARLO, ETC.

No. 2 CA-CIV 2548.

117 Ariz. 461 (1977)

573 P.2d 535

In the Matter of the 1972 CHEVROLET MONTE CARLO, VIN 1H57J2L537840, 1976 ARIZONA LICENSE NO. TKM-612. Larry Lee LEFTRIDGE, Appellant, v. The STATE of Arizona, Appellee.

Court of Appeals of Arizona, Division 2.

December 29, 1977.

Attorney(s) appearing for the Case

Healy & Beal, P.C. by William T. Healy and Robert L. Beal, Tucson, for appellant.

Stephen D. Neely, Pima County Atty. by Rhonda L. Idle, Deputy County Atty., Tucson, for appellee.

OPINION

HATHAWAY, Judge.

Whether a vehicle must contain a useable amount of marijuana as a prerequisite to forfeiture is the principal question raised on this appeal. The state concedes it presented no testimony that a useable quantity of marijuana was present in the 1972 Chevrolet Monte Carlo in question when it was searched on September 9, 1976. Nor was it involved in the loading and unloading of marijuana observed...

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