Florida District Courts of Appeal, 1990

In re Forfeiture of the following described property: 1987 Ford VAN VIN 1FDDE4yHHA73352

In re Forfeiture of the following described property: 1987 Ford VAN VIN 1FDDE4yHHA73352
Florida District Courts of Appeal · Decided October 25, 1990 · Barfield, Booth, Ervin
568 So. 2d 546; 1990 Fla. App. LEXIS 8346; 1990 WL 164977 (Southern Reporter, Second Series)

In re Forfeiture of the following described property: 1987 Ford VAN VIN 1FDDE4yHHA73352

Opinion of the Court

BARFIELD, Judge.

The record supports the trial court’s order requiring forfeiture of the 1987 Ford Van. However, although the state elicited an admission from the owner that he had smoked marijuana in the 1979 Globestar Travel Trailer, it failed to present any evidence regarding the amount of marijuana possessed by the owner. Having failed to prove that the trailer was involved in the commission of a felony as alleged in the petition, the trial court abused its discretion by ordering its forfeiture.

*547The forfeiture of the 1987 Ford Van is AFFIRMED, the forfeiture of the 1979 Globestar Travel Trailer is REVERSED.

ERVIN and BOOTH, JJ., concur.

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