Florida District Courts of Appeal, 1991

In re Forfeiture of 1987 Volkswagon Fox 2-Door

In re Forfeiture of 1987 Volkswagon Fox 2-Door
Florida District Courts of Appeal · Decided January 9, 1991 · Anstead, Gunther, Warner
572 So. 2d 37; 1991 Fla. App. LEXIS 75; 1991 WL 699 (Southern Reporter, Second Series)

In re Forfeiture of 1987 Volkswagon Fox 2-Door

Opinion of the Court

PER CURIAM.

AFFIRMED. See In re Forfeiture of 1986 Rolls Royce, 564 So.2d 215 (Fla. 4th DCA 1990).

GUNTHER and WARNER, JJ., concur. ANSTEAD, J., concurs specially with opinion.

Concurring Opinion

ANSTEAD, Judge,

specially-concurring.

I agree that we are bound by controlling precedent to affirm. However, I disagree with the holding in the Rolls Royce case that a vehicle used to knowingly flee the scene of a serious automobile accident cannot be the subject of forfeiture proceedings. A person can unlawfully flee the scene of an accident without using a vehicle, but if a vehicle is used to facilitate the fleeing, it would appear to meet the requirement of being used to facilitate the commission of a crime, and, hence, subject to forfeiture. See Duckham v. State, 478 So.2d 347 (Fla. 1985).

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