Colorado v. $11,200.00 U.S. Currency
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Defendant sought the return of $11,200 that was forfeited, distributed and spent by the receiving agencies three-and-a-half years before his criminal conviction was dismissed. The trial court granted defendant's motion. The State appealed, and the appellate court affirmed the trial court's order. After its review, the Supreme Court held that section 16-13-307(1.6), C.R.S. (2013) of the public nuisance statute did not apply where the underlying criminal case was dismissed following a reversal of the related criminal conviction on appeal when forfeiture judgment already entered. Accordingly, the appellate court was reversed.
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