People v. $10,153.38 UNITED STATES CURRENCY
Opinion
Opinion
Cyrus Cardan appeals the judgment entered in favor of the People in connection with forfeiture proceedings under Health and Safety Code section 11470 et seq. related to $10,153.38 seized by the Los Angeles Police Department at the time of Cardan's arrest for possession for sale of cocaine base and marijuana in violation of Health and Safety Code sections 11351.5 and 11359. [1]
(1) We conclude the People's failure to bring the forfeiture matter to trial in connection with the criminal proceedings, as was their burden, precludes entry of judgment in their favor. Consequently, we reverse and remand for further proceedings.
On January 21, 2003, City of Los Angeles police officers arrested Cardan in the hotel room where he resided and charged him with possession for sale of cocaine base and marijuana. (§§ 11351.5, 11359.) The officers seized 150 grams of cocaine base, 400 grams of marijuana and $10,153.38.
On March 3, 2003, while Cardan was in custody awaiting trial, the People served Cardan notice of the right to oppose forfeiture proceedings and a blank claim opposing forfeiture of the seized funds. (See § 11488.4, subd. (c).) Cardan completed the claim and returned…