Legal Opinion

In re One Residence Located at 4030 W. Avocado, Cortaro Ridge, Lot 32

Court of Appeals of Arizona

Decided October 19, 1995No. 2 CA-CV 95-0053PublishedCited by 8 opinions

1Opinion of the Court

OPINION

HATHAWAY, Judge.

The state appeals from the trial court’s judgment in a drug forfeiture action that the claimant, Ricardo Javier Borboa (claimant), was an innocent owner of a residence located at 4030 W. Avocado, Tucson, Arizona, and thus declined to forfeit the property. We reverse.

We view the facts in the light most favorable to sustaining the verdict reached by the trial court. Gulf Homes, Inc. v. Gonzales, 139 Ariz. 1, 676 P.2d 635 (App.1983) (vacated in part on other grounds). We will not substitute our judgment for that of the trial court if there is a reasonable basis in the…

2Cases cited14 opinions

  1. United States v. $38,570 U.S. Currency, Francisco Flores, Jr., Claimant-AppellantCourt of Appeals for the Fifth Circuit · 1992
  2. United States v. A Single Family Residence And Real Property Located At 900 Rio Vista Blvd., Ft. LauderdaleCourt of Appeals for the Eleventh Circuit · 1986
  3. United States v. One 1945 Douglas C-54 (Dc-4) Aircraft, Serial Number 22186 J. Michael StumpffCourt of Appeals for the Eighth Circuit · 1981
  4. United States v. ONE 1981 DATSUN 280ZXDistrict Court, E.D. Pennsylvania · 1983
  5. United States v. One 1977 36 Foot Cigarette Ocean Racer, Florida Registration FL9350CTDistrict Court, S.D. Florida · 1985

9 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Beaugureau v. StateWyoming Supreme Court · 2002
  2. In re United States Currency In Amount of $26,980.00Court of Appeals of Arizona · 2000
  3. In Re U.S. Currency in the Amount of $2,390Court of Appeals of Arizona · 2012
  4. One Ford Mustang Convertible Bearing Vin 1FACP45EXLF192944 v. State ex rel. Clay County Sheriff's DepartmentMississippi Supreme Court · 1996
  5. State v. Western Union Financial Services, Inc.Court of Appeals of Arizona · 2008

3 more not listed; retrieve them via the Exa API.

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