Legal Opinion · Dissent

In re Forfeiture of 1989 Isuzu Pickup Truck, VIN 1AACL11L7K202483, Alabama Tag 12CF578

District Court of Appeal of Florida

Decided January 26, 1993No. 92-848Published

1DissentZehmer, Judge

While I agree that the case must be reversed because the trial court applied an incorrect burden of proof in reaching its decision, I would remand with directions to dismiss the petition for forfeiture. I conclude, irrespective of the applicáble burden of proof, that the evidence is legally insufficient to prove that the vehicle was used in committing a felony under the rationale of the supreme court’s opinion in City of Edgewood v. Williams, 556 So.2d 1390 (Fla.1990), because “the use of the vehicle was not closely related to the commission of a criminal act” but “was only remotely…

2Cases cited1 opinion

  1. City of Edgewood v. WilliamsSupreme Court of Florida · 1990

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