Barton v. State

FRANK D. UPCHURCH, Jr., Judge.

James Edward Barton appeals from a final judgment forfeiting his jeep and its contents pursuant to Chapter 932, Florida Statutes (1981), the Florida Contraband Forfeiture Act. We reverse and remand.

After the state presented its case, Barton moved to dismiss the petition on the ground that a prima facie case had not been established. After each side presented argument as to the motiqn, the following exchange occurred:

THE COURT: Well, I will let you send me a brief on the question. In the meantime, do you wish to stand on the evidence and on your motion or present…