California Court of Appeal
People v. Twelve Thousand Six Hundred One Dollars & Thirty-Three Cents in U.S. Currency, B229202
READ
In forfeiture proceeding, following a conviction for drug-related charges, trial court's order awarding defendant the money seized from his hotel room plus the interest actually earned on the seized funds while on deposit in an interest bearing account is affirmed, as the statutory directive that the value of the seized funds be "preserved" is incompatible with an award of interest rate at the constitutional rate of 7 percent, because the Legislature has limited a successful claimant's recovery to the preserved value of the seized funds, not the seized funds plus interest thereon at the constitutional rate. Here, the defendant's funds were preserved and returned to him, plus approximately $2,500, which represented the actual interest earned by the funds while on deposit.
Appellate Information
- Decided 09/10/2012
- Published 09/10/2012
Judges
- Klein
Court
- California Court of Appeal