State v. One Single Family Residence At 1810 East Second Avenue

OPINION

PATTERSON, Judge.

Appellant, Wilson G. Wheatcroft, acting on behalf of himself and the defendant res, appeals the superior court judgment ordering forfeiture of the above-referenced res to the Coconino County Attorney.1 We reaffirm the longstanding rule that seizure of the res is a necessary first step for a trial court to have in rem jurisdiction in a forfeiture action. We hold that the state failed to seize the Appellant’s residence for forfeiture, therefore, the superior equrt never obtained in rem jurisdiction over it. We further hold that the failure to give notice of pending…