People v. One 1988 Mazda 323, VIN JM1BF232XJ0131664

Opinion by

Judge TURSI.

The People appeal from the judgment entered by the trial court in favor of defendant Naómi Phillips, holding that her Mazda automobile is not subject to forfeiture under Colorado’s Abatement of Public Nuisance Act, § 16-13-301, et seq., C.R.S. (1986 Repl.Vol. 8A). We affirm.

The following facts were stipulated to by the parties. Defendant owned the 1988 Mazda that is the subject of this action. She used it lawfully to drive to and from her job in a department store. On two separate occasions, defendant was observed removing merchandise from the store without paying for…