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State v. 1986 Collins Fifth Wheel Camper

Supreme Court of North Dakota

May 27, 2015

State of North Dakota, Plaintiff and Appellee
v.
1986 Collins Fifth Wheel Camper VIN 1C93H2523HA17701 and $1737 U.S. Currency, Defendants Wayne James Otto, Interested Party and Appellant

Editorial Note:

The opinion cannot be considered final until disposition of such petition for rehearing by the court or expiration of 14 days from filing date.

Appeal from the District Court of Burleigh County, South Central Judicial District, the Honorable Thomas J. Schneider, Judge.

AFFIRMED.

Dawn M. Deitz (on brief), Assistant State's Attorney, Bismarck, ND, for plaintiff and appellee.

Wayne J. Otto (on brief), self-represented, Jamestown, ND, interested party and appellant.

OPINION

PER CURIAM

[¶1] Wayne Otto appealed from the district court's findings and order granting forfeiture of a 1986 Collins Fifth Wheel Camper and $1,737. He argued the district court abused its discretion in holding an affidavit of Irene Ann Ferderer was inadmissible, and was clearly erroneous in finding that probable cause existed for the forfeiture action. We affirm under N.D.R.App.P. 35.1(a)(2) and (4).

[¶2] Gerald W. VandeWalle, C.J., Carol Ronning Kapsner, Lisa Fair McEvers, Daniel J. Crothers, Dale V. Sandstrom.


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