People v. Superior Court (Brent)

Introduction

The People have filed a writ petition after the superior court granted the defendant’s motion to dismiss forfeiture proceedings and to return $3,455 in United States currency. On June 27, 1991, we granted an order to show cause.

Facts and Proceedings Below

Joel Anthony Brent was arrested in Bakersfield with illegal narcotics in his possession and $3,455 in cash. Criminal proceedings followed. On August 17, 1990, his defense counsel successfully moved to have both the illegal narcotics and the cash suppressed pursuant to Penal Code section 1538.5. The People filed an appeal in the criminal action. On January 2, 1991, the People voluntarily dismissed their appeal from the trial court’s granting of the defendant’s suppression motion.

The People initiated the instant proceedings with a petition for forfeiture filed on June 5,1990. The petition sought forfeiture to the State of California of the $3,455 in United States currency. Though the defendant Brent was represented by counsel in the criminal action, he responded to the People’s forfeiture action in propria persona. On October 9, 1990 (after the suppression motion had been granted in the criminal action),…