California Court of Appeal

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People v. $2,709 U.S. Currency, B250709

In this forfeiture proceeding to seize $2,709 in cash connected to defendant's drug trafficking, defendant entered a plea to criminal charges of felony counts of possessing cocaine for sale and for being on bail at the time of the second count. The forfeiture of cash is affirmed, where: 1) Health & Safety Code section 11488.4 requires that, when the amount to be forfeited is less than $25,000 in value, the property owner must be convicted of a drug crime and the issue of forfeiture must be tried in conjunction with the related criminal case; but 2) the rule requiring simultaneous trial does not apply when the defendant enters a plea to the criminal charges.

Appellate Information

  • Decided 11/26/2014
  • Published 11/26/2014

Judges

  • Hoffstadt

Court

  • California Court of Appeal

Counsel