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eBook details

• Title: State Ex Rel. Macy v. Freeman
• Author : South Carolina Supreme Court
• Release Date : January 25, 1991
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

1 In these cases of first impression, we are asked to determine whether fines and costs associated with convictions for possession of a controlled dangerous substance with the intent to distribute and possession of a controlled dangerous substance may be paid from the proceeds of civil forfeiture proceedings brought pursuant to the Uniform Controlled Dangerous Substances Act (Controlled Dangerous Substances Act), 63 O.S.Supp. 1989 ? 2-101 et seq. We find that 63 O.S.Supp. 1990 ? 2-506 (L) provides a mandatory payment schedule for property forfeited pursuant to the Uniform Controlled Dangerous Substances Act, 63 O.S.Supp. 1989 ? 2-101 et seq. Because the mandatory payment schedule does not provide for the payment of fines and costs assessed in conjunction with a conviction for possession of a controlled dangerous substance with the intent to distribute and possession of a controlled dangerous substance, a trial court may not require that the fines and costs be paid from the proceeds of forfeited property.

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