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STATE v. LEYVA

No. 1 CA-CV 93-0281.

184 Ariz. 439 (1995)

909 P.2d 506

STATE of Arizona, Plaintiff-Appellee, v. Francisco F. LEYVA and Sylvia Leyva, husband and wife, Defendants-Appellants.

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

December 28, 1995.

Attorney(s) appearing for the Case

Grant Woods, the Attorney General by Cameron H. Holmes and Sandra L. Janzen Assistant Attorneys General, Phoenix, for Plaintiff-Appellee.

William Rothstein, Nogales, for Defendants-Appellants.

OPINION

NOYES, Judge.

Defendants ("the Leyvas") challenge a $20,000,000 (TWENTY MILLION DOLLAR) civil forfeiture judgment the State obtained against them following Francisco Leyva's guilty plea in a separate criminal action. Defendants argue that the judgment violates the Double Jeopardy Clause of the Fifth Amendment and the Excessive Fines Clause of the Eighth Amendment. We agree, in part, and we remand for further litigation on those issues.

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