California Court of Appeal

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PEOPLE v. SUPERIOR COURT OF LOS ANGELES COUNTY (PLASCENCIA), B152449

When the determination of a claimant's standing to challenge a forfeiture is intertwined with the merits of the forfeiture proceeding, and turns upon factual disputes or witness credibility evaluations, the jury must determine the underlying facts, unless the claimant waives his or her right to a jury.

Appellate Information

  • Decided 10/31/2002
  • Published 10/31/2002

Judges

  • ALDRICH, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  •  Steve Cooley, District Attorney, George M. Palmer, Head Deputy Dist. Atty., and Fred Klink, Deputy District Attorney, for Petitioners., Philip A. DeMassa, San Diego, for Real Party in Interest.

  • For Appellees:
  • No appearance for Respondent.
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