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STATE v. ONE 1980 HARLEY DAVIDSON

Nos. 60, 100 September Term, 1984.

303 Md. 154 (1985)

492 A.2d 896

STATE OF MARYLAND v. ONE 1980 HARLEY DAVIDSON MOTORCYCLE VIN # 9G3593950. STATE OF MARYLAND v. ONE 1973 FORD TORINO VIN3B30H169115.

Court of Appeals of Maryland.

May 29, 1985.

Attorney(s) appearing for the Case

Stephanie J. Lane, Asst. Atty. Gen., Baltimore (Stephen H. Sachs, Atty. Gen., Baltimore, on brief), for appellant.

No brief filed by appellee.

Argued before MURPHY, C.J., SMITH, ELDRIDGE, COLE, RODOWSKY and COUCH, JJ., and EDWARD D. HIGINBOTHOM, Associate Judge of the Third Judicial Circuit (retired), Specially Assigned.

COUCH, Judge.

Here we decide two appeals involving the same basic issue, that is, whether the appropriate sanction for failure to comply with Maryland Code (1957, 1982 Repl.Vol.), Art. 27, § 297(n),1 regarding forfeiture of motor vehicles used in drug trafficking, is dismissal of the petition for forfeiture. We conclude that dismissal is inappropriate and therefore, we reverse.

In the first appeal, Joel Howard Shapiro, the...

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