State v. One 1990 Chevrolet Pickup, Vin 1GCDK14K8LZ185153

MESCHKE, Justice.

The State of North Dakota appealed from a judgment returning one 1990 black Chevrolet pickup to James Horsfall, holding it was not forfeitable because he had not been convicted of a felony. We reverse and remand for the trial court to weigh the evidence correctly.

Horsfall drove his pickup to a friend’s home in Minot, located across the street from a house being remodeled. Horsfall and four companions went inside the unoccupied house across the street and removed some stereo equipment. The stereo items were placed in Horsfall’s pickup with his assistance, and he took the items…