People v. $30,000 United States Currency

Rodney Beck (defendant) appeals from a judgment ordering the forfeiture to the People of $30,000 in United States currency seized from a vehicle located in the backyard of defendant’s house during a search for suspected marijuana.

On appeal, defendant contends (1) he was entitled to appointed counsel, and the court’s failure to appoint counsel requires reversal of the judgment; (2) the trial court erred in failing to relieve him from his waiver of a jury trial; (3) the evidence was insufficient to support the judgment; and (4) the trial court erred by failing to exclude evidence seized through a violation of his Fourth Amendment rights.

The People contend that the $30,000 has already been disbursed, and this court is therefore deprived of jurisdiction to hear the appeal.

Facts

On September 24, 1990, officers from the Fontana Police Department seized $30,000 in United States currency from a vehicle on defendant’s property while executing a search warrant at defendant’s house to investigate a possible violation of Health and Safety Code sections 11359 (possession of marijuana for sale) and 11378 (possession of certain controlled substances other than narcotics.)

On…