Slw/Utah
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Publisher Description
We granted certiorari to review the Court of Appeals' decision that the forfeiture of defendant Wallace Davis's car, pursuant to Utah Code Ann. § 58-37-13(1)(e) (1994), constituted punishment for double jeopardy purposes and barred a subsequent criminal prosecution under Utah Code Ann. § 58-37-8(2)(a)(I) for possession of a controlled substance. State v. Davis, 903 P.2d 940, 950 (Utah Ct.App. 1995). Davis's car was forfeited to the State after a search of the vehicle revealed a small quantity of cocaine. Davis moved for dismissal of the criminal charge filed against him on the ground that the charge constituted an attempt to punish him twice for the same crime and therefore violated his constitutional right against double jeopardy. The. Court of Appeals reversed the district court's denial of Davis's motion based on the federal constitutional guarantee against double jeopardy.