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01/13/95 JERRY LEE VAUGHN v. STATE ALABAMA

January 13, 1995

JERRY LEE VAUGHN
v.
STATE OF ALABAMA



Appeal from Dallas Circuit Court. (CV-94-22). Jack Wade Meigs, Trial Judge.

Released for Publication May 24, 1995.

Wright, Retired Appellate Judge. All the Judges concur.

The opinion of the court was delivered by: Wright

WRIGHT, Retired Appellate Judge

This is an appeal of a condemnation and forfeiture of $1,226 in U.S. currency and a 1982 Eldorado Cadillac automobile.

The record reflects that on January 7, 1994, investigators of the Dallas County Sheriff's Department, while on patrol, saw a 1982 Eldorado Cadillac run a stop sign. The investigators turned on their blue light and began to pursue the automobile. The driver accelerated the automobile and ran another stop sign. The investigators then turned on their siren. During the pursuit, the investigators saw a black bag thrown from the automobile. The automobile subsequently came to a halt. The investigators retrieved the black bag. It had 8 small plastic bags containing crack cocaine in it. The driver of the automobile was identified as Jerry Lee Vaughn.

Vaughn was arrested at the scene. The investigators searched Vaughn and found $226 on his person. He was taken into custody and transported to the county jail. He signed a consent to search his residence and accompanied the officers to his residence. At the time, he was living with his parents. The only place searched in the house was Vaughn's room. In his room the investigators found two sets of scales, a razor blade, crack cocaine, $1,000 in cash, rolling paper, and sandwich bags.

Upon return to the jail, Vaughn executed a Miranda rights waiver form and made a statement. He stated that he had been selling crack cocaine for approximately 3 1/2 months. Vaughn was unemployed at the time of the arrest. He has a prior record of selling controlled substances.

A motion for condemnation and forfeiture was filed against the 1982 Eldorado Cadillac and the $1,226 belonging to Vaughn. Following a hearing, the trial court ordered the condemnation and forfeiture of the automobile and the currency. Vaughn appeals, pro se.

This action was initiated by the State pursuant to § 20-2-93, Code 1975, as amended in 1988.

That statute provides, in pertinent part, the following:

"(a) The following are subject to forfeiture:

"....

"(4) ... all moneys ... used or intended to be used to facilitate any violation of any law of this state ...


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