IN RE THE MATTER OF THE FORFEITURE OF ONE 1968 CESSNA 310 SERIAL # 0037 REGISTRATION NO. 41370. WALTER C. HEINRICH, SHERIFF OF HILLSBOROUGH COUNTY, APPELLANT,
v.
TIMOTHY MADDEN, APPELLEE
Explore caselaw by topic → Browse Florida Contraband Forfeiture Act cases and more on FLexlaw
PER CURIAM.
The Sheriff of Hillsborough County, Walter Heinrich, appeals from an order denying the forfeiture of a 1968 Cessna 310 aircraft.
The Florida Contraband Forfeiture Act defines contraband to include “any ... vehicle of any kind ... which has been or is actually employed as an instrumentality in the commission of, or in aiding or abetting in the commission of, any felony.” § 932.-701(2)(e), Fla.Stat. (1985). Here, the appel-lee’s airplane was an element of the felony offense of reckless operation of an aircraft and not an instrumentality used in the commission of, or in aiding or abetting in the commission of a felony in violation of the Florida Contraband Forfeiture Act. Thus, the trial court correctly dismissed the sheriffs petition.
Affirmed.
DANAHY, C.J., and SCHEB and RYDER, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
In re Forfeiture OF 1985 Chevrolet Camaro v. City OF Sebring, 518 So. 2d 463 (Fla. 2d DCA 1988)…vehicular homicide and, therefore, cannot be considered as an “instrumentality” of the offense as required by section 932.701(2)(e). We agree. See In re Forfeiture of One 1968 Cessna 310, Serial No. 0037, Registration No. 41370: Heinrich v. Madden, 496 So. 2d 995 (Fla. 2d DCA 1986); City of St. Petersburg Beach v. Jewell, 489 So. 2d 78 (Fla.2d DCA 1986); In re Forfeiture of 1979 Mercedes, 4-Door, VIN No. 11603312085778, Tag No. WHJ 371, 484 So. 2d 642 (Fla. 4th DCA 1986); Cabrera v. Department of Natural Res…