Hauskins v. Mcgillicuddy

Appellants David and Gloria Loya, husband and wife, appeal from an order forfeiting their business, the building, and the real property on which the business is located to the state. David Loya pled guilty to conspiracy to offer to sell marijuana. The state filed a civil, in rem forfeiture action pursuant to A.R.S. §§ 13-2314, 13-3413, and 13-4301 through 13-4315, seeking forfeiture of the Loyas business, home, and vehicles. The Loyas filed a verified claim protesting forfeiture; the court denied forfeiture of the home and vehicles. The Loyas contend that the forfeiture constitutes cruel and unusual punishment and double jeopardy. Gloria Loya also argues that the court erred in forfeiting her interest in the business. We affirm.