California Court of Appeal

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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.
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