State v. Middleton

Defendant pleaded guilty to a charge of conspiracy to commit a felony. (OES 161.320). The accusation against defendant was based upon promoting a lottery in violation of OES 167.405. Considerable merchandise and other personal property had been seized for use as evidence at his trial. After sentence was imposed, defendant moved for release of the property which had been seized. Instead of granting that motion, the court ordered forfeiture of the property pursuant to OES 167.430. ① This appeal is from the order of forfeiture. Defendant’s plea of guilty limited the scope of appeal to the…