Parker v. State

OPINION

JACOBSON, Judge.

This appeal rises out of the forfeiture of a 1965 Ford Econoline van pursuant to A.R.S. §§ 36-1041 to 36-1048 and requires us to determine the following:(1) Whether A.R.S. § 36-1041 authorizes forfeiture of a vehicle where there is no evidence the vehicle was used in the sale or trafficking of marijuana,(2) If A.R.S. § 36-1041 allows forfeiture of a vehicle where the occupants are possessing marijuana for personal use only, whether the statute is unconstitutional, and(3) Whether the plea agreement entered into in this case prohibits a subsequent forfeiture of the…