474 N.W.2d 659 | Neb. | 1991
In this in rem proceeding the appellant, Von O. Eary, has never claimed a recognized legal standing to challenge the forfeiture to the state of $15,518 seized pursuant to a search warrant in a drug raid of an Omaha motel room occupied by the appellant and his companion.
We affirm the order of the district court for Douglas County forfeiting the money to the state, not for the reasons stated by the trial court, but because Eary failed to claim legal standing to challenge the forfeiture. When the record demonstrates that the decision of the trial court is correct, although such correctness is based on different grounds from those assigned by the trial court, the Supreme Court will affirm. K & K Farming v. Federal Intermediate Credit Bank, 237 Neb. 846, 468 N.W.2d 99 (1991).
Neb. Rev. Stat. § 28-431(4) (Reissue 1989) provides in substance that when money used in illegal drug transactions is seized by law enforcement officers, the county attorney of the county in which the money is seized shall institute a forfeiture
Appellant, having failed to claim any legal or equitable interest in the money seized pursuant to a search warrant, has not established any standing to contest the forfeiture of the $15,518tothe state.
Affirmed.