$400
People v. $400
Opinion
Opinion
Statement of the Case and Pertinent Facts
On May 21, 1992, Delano police officers seized several items of property in connection with an arrest for sale of cocaine. Seized were $400 and $42 in United States currency, $8,445.56 cash from a Bank of America account, and a 1990 Acura two-door sedan, vehicle identification No. JH4DA9460LS010441.
On May 27, 1992, apparently after receiving notice of forfeiture, appellants Jose Velasco and Sharely Rósete filed a verified claim opposing forfeiture of the $442 in cash. On the same date, appellant Fe Ramos filed a verified claim opposing forfeiture of the $8,445.56 seized from Bank of America as well as a joint verified claim with appellant Dionicio Ramos opposing forfeiture of the 1990 Acura sedan. Fe Ramos and Dionicio Ramos were the registered and legal owners of the vehicle.
On July 8, 1992, the Kern County District Attorney (respondent herein) filed a complaint for forfeiture in Kern County Superior Court, invoking the provisions of Health and Safety Code sections 11488.4 and 11488.5 with respect to each item of property seized. The complaint alleged the property had been used in connection with the sale, manufacture, and…