STATE v. 175,800 DOLLARS, U.S. CURRENCY

No. 960046.

942 P.2d 343 (1997)

STATE of Utah, Plaintiff and Appellee, v. ONE HUNDRED SEVENTY-FIVE THOUSAND EIGHT HUNDRED DOLLARS, UNITED STATES CURRENCY, and one Scale, Defendant. Darold Hinsch, Appellant.

Supreme Court of Utah.

July 18, 1997.


Attorney(s) appearing for the Case

E. Neal Gunnarson, Clark A. Harms, Salt Lake City, for appellee.

G. Fred Metos, Salt Lake City, for appellant.


RUSSON, Justice:

The State filed a complaint for forfeiture of proceeds received from the sale of illegal drugs after convicting claimant Darold Hinsch of possession of a controlled substance. Hinsch filed a claim for this money, which he had previously turned over to government agents. He argued that seizure of the money was improper and that forfeiture, coupled with his conviction, violated his constitutional protection against double jeopardy. The trial court ruled...

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