State v. Baye

Michael Baye appeals a judgment in this civil forfeiture proceeding forfeiting his 1986 Chevrolet truck used for the purpose of committing a felony drug offense. He challenges the State's failure to comply with § 161.555(2)(b), Stats., which provides that "the action shall be set for hearing within 60 days of service of the answer . . . ." The State first responds that the statute contemplates only that the action "be set for hearing" within sixty days and the hearing itself may occur later. The State then argues that a hearing "set" within the sixty-day period, but held outside that time, on…