State v. Curran

The majority concludes that even though defendant was afforded a jury trial on the underlying criminal charge, nevertheless he is entitled to a second jury trial before the forfeiture can be ordered, relying chiefly on State v. 1920 Studebaker Touring Car, 120 Or 254, 251 P 701, 50 ALR 81 (1927).

I cannot agree. Furthermore, a close reading of Studebaker will demonstrate that Studebaker is authority for exactly the opposite conclusion.

Contrary to the majority, there is no requirement in the law or elsewhere that a person who has been convicted after jury trial of possessing a contraband…