Supreme Court of Colorado
The People of the State of Colorado v. $11,200.00 U.S. Currency and Bradley Edward Strand
November 12, 2013313 P.3d 554
Summary
The court held that the statute requiring dismissal of a forfeiture claim and return of seized property after dismissal or acquittal of a related criminal charge did not apply because the forfeiture judgment had already become final, the property had been distributed, and the defendant had not appealed or sought a stay. Although the trial court could set aside the forfeiture judgment under C.R.C.P. 60(b), that rule did not authorize it to order the state to return or reimburse the already distributed funds. The court therefore reversed and remanded.