From Casetext: Smarter Legal Research

Jenkins v. City of Pensacola

District Court of Appeal of Florida, First District
Jul 29, 1992
602 So. 2d 988 (Fla. Dist. Ct. App. 1992)

Opinion

No. 91-2886.

July 29, 1992.

An appeal from the circuit court for Escambia County, John Kuder, Judge.

James A. Johnston, Pensacola, for appellant.

William D. Wells, Pensacola, for appellee.


Preach Son Jenkins appeals a final judgment of forfeiture wherein the trial court ruled that jewelry worn by him during a drug sale was subject to forfeiture pursuant to section 932.701, et seq., Florida Statutes (1989), and ordered that it be forfeited to the City of Pensacola. Under the clear and convincing proof standard approved in Department of Law Enforcement v. Real Property, 588 So.2d 957 (Fla. 1991), the evidence was legally insufficient to establish a connection between the jewelry and the illegal activity charged, and thus fails to support the trial court's finding that the jewelry was employed as an instrumentality in the commission of, and aided and abetted in the commission of, the felony of possession of cocaine, sale of cocaine, and possession with the intent to distribute cocaine. The order of forfeiture is reversed and the cause is remanded for entry of an order dismissing the City's petition.

REVERSED AND REMANDED.

WOLF and KAHN, JJ., concur.


Summaries of

Jenkins v. City of Pensacola

District Court of Appeal of Florida, First District
Jul 29, 1992
602 So. 2d 988 (Fla. Dist. Ct. App. 1992)
Case details for

Jenkins v. City of Pensacola

Case Details

Full title:PREACH SON JENKINS, APPELLANT, v. CITY OF PENSACOLA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jul 29, 1992

Citations

602 So. 2d 988 (Fla. Dist. Ct. App. 1992)

Citing Cases

In re Forfeiture of 1989 Isuzu Pickup

Department of Law Enforcement v. Real Property, 588 So.2d 957, 968 (Fla. 1991). See also Jenkins v. City of…