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REL:10/15/2010

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SUPREME COURT OF ALABAMA
OCTOBER TERM, 2010-2011 _________________________ 1091068 _________________________ State of Alabama ex rel. Michael O'Dell, District Attorney for the Ninth Judicial Circuit of Alabama v. Gary Michael Coker Appeal from Cherokee Circuit Court (DC-08-746)

BOLIN, Justice. The State of Alabama on behalf of Michael O'Dell,

District Attorney for the Ninth Judicial Circuit of Alabama, appeals from the trial court's order, quashing a writ of

1091068 execution on the real property owned by Gary Michael Coker. We reverse and remand. Facts The record reflects that Coker was arrested for and

charged with trafficking in methamphetamine. filing criminal charges, the State also

In addition to filed a civil of: real

condemnation (1)cash in

action the

against of

Coker, $98,273

seeking and (2)

forfeiture title to

amount

property consisting of a house and two acres of land owned by Coker (hereinafter referred to as "the subject property"). August 25, 2008, to the Coker trial entered court, into the a plea On

agreement. form

According

plea-agreement

indicated that the plea was an "open plea" insofar as the sentencing was concerned; other aspects of the agreement, however, including a mandatory fine of $50,000 (hereinafter referred to as "the criminal fine"), were agreed upon by The trial At the

Coker, Coker's attorney, and the district attorney.

court held a sentencing hearing on September 29, 2008.

conclusion of the guilty-plea colloquy, the trial court signed a proposed consent order signed by Coker, his attorney, and the deputy district attorney, in which the parties agreed that the cash would be deemed contraband and forfeited to the State 2

1091068 but that the State's request for forfeiture of the subject property as contraband would be denied. reads as follows: "By agreement of the parties, the Court orders as follows: "1. The State's request to have the real property identified in this action as 'One (1) Parcel of Land with Structures and Fixtures' and as 'the premises of Coker,' which is located at ... declared contraband and to further constitute fruits or instrumentalities of the drug trade subject to forfeiture ... is DENIED. Coker shall retain full title, use, possession and enjoyment of said property. The State relinquishes all claim to said property. "2. Defendant Coker shall be responsible for preparing and filing any documents that are necessary to clear the notice of lis pendens which the State has recorded against the real estate which is subject-matter of this action and shall bear any costs associated with filing same. "3. NINETY-EIGHT THOUSAND, TWO HUNDRED AND SEVENTYTHREE DOLLARS ($98,273.00) Lawful Cash, Coin, or Currency of the United States of America which is subject-matter of this action is declared to constitute fruits and instrumentalities of the illicit drug trade and therefore to further constitute contraband. Said currency is forfeited pursuant to Ala. Code

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