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MATTER OF 1979 DODGE VAN, ETC.

No. 1 CA-CIV 8503.

150 Ariz. 25 (1986)

721 P.2d 683

In the Matter of 1979 DODGE VAN, 1985 ARIZONA LICENSE # 2XY-995 # B21JE9X146734. STATE of Arizona, Appellant, v. Joan BARRETT, Claimant-Appellee.

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

June 19, 1986.

Attorney(s) appearing for the Case

David S. Ellsworth, Yuma Co. Atty. by John K. White, Deputy Co. Atty., Yuma, for appellant.

Wm. Michael Smith, P.C. by Wm. Michael Smith, Yuma, for claimant-appellee.

OPINION

KLEINSCHMIDT, Judge.

The state appeals the trial court's judgment denying forfeiture of a motor vehicle and ordering its return to claimant-appellee, Joan Barrett. We affirm.

The 1979 Dodge van in question is held in joint tenancy by Joan Barrett and her husband, Jack Barrett. On April 4, 1985, Jack Barrett was arrested while driving the van. At the time of the arrest, a quantity of marijuana was found in the van. The state filed a forfeiture...

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