Prince
People v. Prince
Opinion
Opinion
Stein, J.
The People appeal an order dismissing the information charging William Lawrence Prince with several offenses, including the manufacture, and possession for sale of methamphetamine. (Health & Saf. Code, §§ 11379.6, 11378.) The court found that criminal prosecution was barred, under the double jeopardy clause, because in separate civil forfeiture proceedings the court had granted the government’s motion for entry of default after Prince failed to answer. Prince filed a motion to set aside the defaults, and all further proceedings in the civil forfeiture cases were stayed until the conclusion of the criminal case.
Facts
On April 19, 1993, the district attorney filed four forfeiture complaints in Mendocino County Superior Court pursuant to former Health and Safety Code section 11488.4, subdivision (a), each of which named Prince as the real party in interest. The first complaint, No. CV 66860, sought forfeiture of $2,250 and various weapons and equipment; the second, No. CV66861, of itemized stereo components; the third, No. CV66862, of assorted computer equipment; and the fourth, No. CV66863, of video equipment. Each of the complaints alleged that the property was seized…