IN RE THE FORFEITURE OF ONE 1986 PONTIAC TRANS-AM AUTOMOBILE, VIN 1G2FW87H8GN235105
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The court held that forfeiture proceedings do not constitute double jeopardy when a criminal conviction has already occurred.
Appellant was arrested for cocaine possession and pled guilty to attempted possession. The Town of Palm Beach then instituted forfeiture proceedings a…
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PER CURIAM.
Appellant was stopped for speeding and subsequently arrested for possession of cocaine. The total quantity involved was about one-half dozen small baggies.
Appellant pled guilty to attempted possession, a misdemeanor; and the Town of Palm Beach instituted forfeiture proceedings against appellant’s Pontiac Trans-Am Automobile, valued at about $6,000. The trial court entered a final order of forfei ture in favor of the Town, occasioning this appeal.
In ordering the forfeiture, the trial court considered and rejected appellant’s contentions that the forfeiture constituted double jeopardy; and that United States v. Hal-per, 490 U.S. 435, 109 S.Ct. 1892, 104 L.Ed.2d 487 (1989), was controlling. It based its order upon the 4-3 decision of our supreme court in State v. Crenshaw, 548 So. 2d 223 (Fla.1989). We agree with the trial court and affirm. See also United States v. A Parcel of Land, 884 F. 2d 41 (1st Cir.1989); United States v. One Assortment of 89 Firearms, 465 U.S. 354,104 S.Ct. 1099, 79 L.Ed.2d 361 (1984).
GLICKSTEIN, GUNTHER and GARRETT, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- United States v. Halper, 490 U.S. 435 (U.S. 1989)
- United States v. ONE Assortment OF 89 Firearms, 465 U.S. 354 (U.S. 1984)
- United States v. A Parcel OF Land With A Bldg. Located Thereon AT 40 Moon Hill Rd., 884 F.2d 41 (1st Cir. 1989)
- State v. Crenshaw, 548 So. 2d 223 (Fla. 1989)