(DOWNLOAD) "Commonwealth Pennsylvania v. Edwin R. Crosby" by Supreme Court of Tennessee # eBook PDF Kindle ePub Free
eBook details
- Title: Commonwealth Pennsylvania v. Edwin R. Crosby
- Author : Supreme Court of Tennessee
- Release Date : January 03, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
This is an appeal from a judgment of sentence, following appellants guilty plea to two counts of driving under the influence of alcohol, which imposed a period of incarceration to be followed by a period of probation. As a condition of probation, the trial court sua sponte ordered that the appellants truck, which he was driving at the time of the two incidents in issue, be forfeited. Appellant asserts that there is no authority permitting forfeiture of a vehicle involved in the crime of driving under the influence as a condition of probation. Appellant also argues that because the order of forfeiture was sua sponte, no procedures were followed to establish that the truck was derivative contraband, as found by the trial court. Finally, appellant argues that there is no statutory authority for the forfeiture in this case, and in the absence of statutory authority, there can be no forfeiture of derivative contraband in Pennsylvania. Upon full consideration of the record, the arguments of the parties, and the trial courts opinion, we affirm the judgment