Chabeear

Jordan Chabeear entered a negotiated plea of guilty in municipal court to violation of Health and Safety Code section 11359. On certification to superior court, the court sentenced him to 16 months in state prison. The court also ordered that monies seized from him be distributed to a third party. On appeal, he contends that the court’s order denied him due process of law.

On August 17, 1983, an Oakland police officer purchased marijuana from appellant at 720 Willow Street in Oakland. On August 26, 1983, pursuant to warrant, officers searched the Willow Street residence and arrested appellant as he attempted to flee out the front door. During the search $214 was found under a bedroom mattress. In addition, $138 was taken from appellant when he was arrested on charges of violation of Health and Safety Code section 11360.

The terms of appellant’s negotiated plea were that three additional felony counts against him (two violations of Health & Saf. Code, § 11360 and one violation of Pen. Code, § 211) would be dismissed, that he would receive the mitigated term of 16 months in prison, and that the $214 and the $138 taken from him would be returned if there were no other…