California Court of Appeal
People v. $20,110 U.S. Currency, B191821
Judgment of forfeiture of $20,110 currency found during execution of a search warrant in defendant's residence is reversed where: 1) the district attorney was required to prove "beyond a reasonable doubt" that the $20,110 currency meets the nexus with drug trafficking as set forth in Health and Safety Code section 11470(f); and 2) the judgment indicated that the underlying criminal proceedings are ongoing and have not yet resulted in a conviction, in violation of section 11488.4(i)(3), which requires that defendant be convicted in an underlying criminal action as a "condition precedent" to forfeiture.
Appellate Information
- Decided 06/04/2007
- Published 06/04/2007
Judges
- GILBERT, P.J.
Court
- California Court of Appeal
Counsel
- For Appellees:
- William G. Panzer, Oakland, for Defendant and Appellant., Gerald T. Shea, District Attorney, Curtis A. Rankin, Deputy District Attorney, County of San Luis Obispo, for Plaintiff and Respondent.