State v. Johnston

Richard Johnston appeals a superior court order of forfeiture, entered on the State's oral motion for declaratory judgment. The court did not hear testimony from either Mr. Johnston or his witnesses. The subject of the forfeiture is a 1980 Porsche 924 seized in connection with the arrest of Pedro Gomez on drug charges. Mr. Johnston contends he is the owner of the Porsche and therefore has standing to contest the forfeiture. We reverse and remand.

In 1984, Mr. Johnston purchased the vehicle in question from a Yakima car dealer. On March 1, 1988, the police seized the car from Mr. Gomez during…