State v. Curran

After defendant’s conviction following a jury trial and sentence upon a charge of unlawful possession of a controlled substance, cocaine, 1 the district attorney filed a motion for an order forfeiting 2 a certain motor vehicle allegedly belonging to defendant. The supporting affidavit alleged that the vehicle belonged to defendant, that defendant used the vehicle “in the unlawful possession and transportation” of the cocaine, and that such possession and transportation constituted a part of the criminal transaction which was the basis of the conviction.

The trial court held that defendant was…