Shanndoah

The People appeal from an order dismissing an information charging defendant, Omar Shanndoah, with felony possession of heroin for sale (Health & Saf. Code, § 11351), felony maintenance of a place for the sale and use of heroin (§ 11366), misdemeanor possession of marijuana (§ 11357, subd. (b)), and allegations that he suffered a prior conviction (Pen. Code, § 667, subds. (d) and (e)) and served a state prison term within five years (Pen. Code, § 667.5, subd. (b)).

The charges against defendant were brought as a consequence of a search of his residence made pursuant to a warrant on April 15, 1994. The People instituted administrative forfeiture proceedings against $3,618 in cash which was found in the residence and on defendant’s person. (§ 11488.4, subd. (j).) Because defendant opposed the claim, the nonjudicial forfeiture was terminated and the People filed a petition for forfeiture of the currency. (§ 11488.4, subd. (j); People v. Ten $500 etc. Traveler’s Checks (1993) 16 Cal.App.4th 475, 478 [ 20 Cal.Rptr.2d 128 ].)

Several months later defendant stipulated to the forfeiture by a written stipulation which provided in pertinent part: “7. That Respondent Property…