State v. Barela

OPINION

WOOD, Chief Judge.

The State sought the forfeiture of a pickup truck under § 30-31-34, N.M.S.A. 1978. Although quasi-criminal, and gauged by standards applicable to a criminal proceeding, this was a civil proceeding. State v. Ozarek, 91 N.M. 275, 573 P.2d 209 (1978); In re One 1967 Peterbilt Tractor, Etc., 84 N.M. 652, 506 P.2d 1199 (1973). On the basis of the affidavit submitted by the State in support of the petition for forfeiture, the trial court granted summary judgment in favor of Barela, the person to whom the pickup was registered. The State appeals. The issue is the meaning of…