State v. Enriquez-Beltran

Sievers, Judge.

State v. Franco, 257 Neb. 15, 594 N.W.2d 633 (1999), holds that generally, the Double Jeopardy Clause prevents both property or money forfeiture proceedings and criminal charges against a defendant arising from the same incident. In this appeal, we determine whether Franco extends to a case where a forfeiture is followed by a criminal conviction which results from a guilty plea.

BACKGROUND

The conviction and forfeiture action at issue in this case stem from the arrest of Samuel Enriquez-Beltran on drug-related charges. On July 28, 1997, the State of Nebraska filed a “Complaint…