IN RE FORFEITURE OF THE FOLLOWING DESCRIBED PROPERTY: 1969 CHEVROLET CAMARO BEARING '75 MASSACHUSETTS LICENSE TAG #372-766 VIN # 124379N511693
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The court held that the trial judge did not abuse discretion in ordering the return of the seized automobile.
The State seized a vehicle after the owner was arrested for marijuana possession and pleaded guilty. The State sought forfeiture, but the trial court …
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PER CURIAM.
The State of Florida appeals from an order directing that Paul Costigliola’s automobile be returned to him.
Pursuant to § 943.43, Fla.Stat., F.S.A. the police seized Paul Costigliola’s automobile when he was arrested for possession of marijuana while in his automobile. Mr. Costigliola pled guilty to the charge and as a first offender was placed on probation. The police refused to return his automobile and the State petitioned for a rule to show cause why the car should not be forfeited pursuant to § 943.44, F.S. After hearing, the trial judge ordered the vehicle returned to Mr. Costigliola. The State appeals. We affirm.
Forfeitures are not favored in law or equity General Motors Acceptance Corporation v. State, 152 Fla. 297, 11 So. 2d 482 (1943). Further, as forfeiture statutes are intended to apply to those individuals who are significantly involved in a criminal enterprise, § 943.43, Fla.Stat., F.S.A., authorizing forfeitures, is discretionary and not mandatory. See In re 1972 Porsche 2 Dr., '74 Fla.Lic.Tag ID 91780, Fla.App.1975, 307 So. 2d 451.
It is apparent from the transcript that through plea negotiations, the State accepted a guilty plea to posession of marijuana, a misdeameanor offense under § 893.13(1) (f), Fla.Stat., F.S.A. Thus, we find no abuse of discretion on the part of the trial judge in ordering return of Mr. Costigliola’s automobile to him.
Affirmed.
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Elbert Bryan Griffis, III v. State, 356 So. 2d 297 (Fla. 1978)…rolled substances for distribution and not for personal possession and consumption. The District Court of Appeal, Third District, in In re Forfeiture of 1972 Porsche, 307 So. 2d 451 (Fla. 3d DCA 1975), and In re Forfeiture of 1969 Chevrolet Camaro, 334 So. 2d 82 (Fla. 3d DCA 1976), cert. den. 342 So. 2d 1103 (Fla.1976), held that the forfeiture statutes in question are intended to apply to those persons “significantly included in a criminal enterprise” and that forfeiture is a drastic remedy “in the absence…
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Sawyer v. Honorable Ellen Morphonios Gable, 400 So. 2d 992 (Fla. 3d DCA 1981)….12 Had the State instituted forfeiture proceedings, the defendant’s right to the return of his property could be asserted therein and adjudicated. In re 1969 Chevrolet Camaro Bearing ’75 Massachusetts License Tag No. 372-766, VIN No. 124379N511693, 334 So. 2d 82 (Fla.3d DCA 1976). By the same reasoning, we see no impediment to the State asserting its right, if any, to forfeiture in response to Sawyer’s motion for return of property.13 If, in fact, Sawyer is entitled to the return of his property, to depriv…
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Wayne and Vivian Smith v. L.J. "Lu" Hindery, 454 So. 2d 663 (Fla. 1st DCA 1984)…trued in favor of those against whom the penalty is imposed. General Motors Acceptance Corp. v. State, 152 Fla. 297, 11 So. 2d 482 (1943); Hotel and Restaurant Commission v. Sunny Seas No. One, 104 So. 2d 570 (Fla.1958); In re 1969 Chevrolet Camaro, 334 So. 2d 82 (Fla. 3d DCA 1976), cert. denied, 342 So. 2d 1103 (Fla.1976); In re 36' Uniflite “Pioneer I, ” 398 So. 2d 457 (Fla. 5th DCA 1981); In re Forfeiture of one 1975 Ford, 426 So. 2d 44 (Fla. 2d DCA 1983); 39 Fla.Jur.2d, Penalties and Forfeitures, §§ 5, .…1 / 3
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Gen. Motors Acceptance Corp. v. State, 152 Fla. 297 (Fla. 1943)
- Commodore Plaza AT Century 21 Condo. Ass'n, Inc. v. Schwartz, 307 So. 2d 451 (Fla. 3d DCA 1975)