Skip to main content

California Court of Appeal

Reset A A Font size: Print

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.
Copied to clipboard