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MATTER OF ONE (1) ROLEX BRAND MAN'S WATCH

No. 1 CA-CV 91-0254.

176 Ariz. 294 (1993)

860 P.2d 1347

In re the Matter of ONE (1) ROLEX BRAND MAN'S WATCH, One (1) Fie Brand Shotgun, Serial # AA12694, One (1) Hennings Model J-22 Pistol, Serial # 124056, 7 Rounds of Shotgun Ammunition, Two Hundred Ninety-One Dollars Twenty-Nine Cents ($291.29) United States Currency, Two (2) Cerwin Vega Brand Stereo Speakers, Serial Numbers D-425067 and D-4255051, One (1) JVC Brand VCR, Serial # 143S2072, One (1) Sony Brand Color Television With Remote, Serial # 70000977, One (1) Technics Brand AM/FM Receiver, Serial # AG4404B629, One (1) Sony Brand Compact Disc Player, Serial # 865235, One (1) Denon Brand Cassette Deck, Serial # 7351189, One (1) ADC Brand, Serial Equalizer, Serial # 000003, One (1) Sony Brand Portable Companct Disc Player With Headphones, Serial # 56040, One (1) Air Tank With Attached Diving Vest, One (1) Red Nylon Carrying Bag Containing Diving Equipment Including a Mask, Gloves, Boots, Knife, Weight Belt and a Snorkel, One (1) Scuba Air Regulator, One (1) Passport Brand Radar Detector, Serial # 1080994, One (1) Metro Mobile Brand Mobile Phone, Serial # 912563, and a 1980 Pontiac Trans Am Bearing Arizona Plate BRV-598 and V.I.N. Number 2X87TL137013. STATE of Arizona, Appellant, v. John A. HAYWOOD, Claimant-Appellee.

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

October 7, 1993.

Attorney(s) appearing for the Case

City of Scottsdale Attorney's Office by Michael Warzynski, Scottsdale, for appellant.

John A. Haywood in pro. per.

OPINION

CLABORNE, Judge.

The State appeals from the superior court's judgment dismissing its in rem forfeiture action. Three issues are raised on appeal. First, whether the trial court correctly excluded hearsay testimony at the probable cause hearing, and second, whether, with the hearsay testimony excluded, the State established probable cause to forfeit certain items. Finally, is the State entitled to attorney...

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