State v. Kelly

Gerald Gunnari appeals an order denying a motion to reconsider a forfeiture. In its cross-assignment of error, the state contends that the trial court erred in granting appellant’s motion to intervene under ORCP 33. We affirm.

Gunnari owns a commercial fishing boat whose captain, Marvin Kelly, was convicted of harvesting undersized shrimp. 1 Several months after Kelly had been sentenced, the state filed a motion to forfeit the proceeds of the illegally harvested commercial shrimp, pursuant to ORS 506.690(2). After the court allowed the motion, Gunnari filed a motion to intervene, which was…