People v. Super. Ct. (Vandenburgh)

Filed 1/23/25

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

PEOPLE OF THE STATE OF

CALIFORNIA,

Petitioner,

A170818

v. THE SUPERIOR COURT OF (Solano County SOLANO COUNTY, Super. Ct. Nos. FCR359342,

FCR356878)

Respondent;

MARK VANDENBURGH,

Real Party in Interest.

Mark Vandenburgh, the real party in interest in this writ proceeding, was found with illegal drugs and money in his possession on two occasions, giving rise to criminal actions. On each occasion, the money was the subject of civil forfeiture proceedings. (Health & Saf. Code, § 11469 et seq.)1 One of the criminal actions was subsequently dismissed, and Vandenburgh was convicted and sentenced in the other. More than two years later, Vandenburg filed a motion to compel return of the money under Penal Code section 1538.5. The trial court granted the motion, concluding the People had violated the statutory requirements for

1 All undesignated statutory references are to the Health and Safety

Code.

1 forfeitures. The People have petitioned for a writ of mandate. We grant the petition.

FACTUAL…