People v. $4,413 United States Currency

In this asset forfeiture proceeding under Health and Safety Code section 11470 et seq., appellant Kevin Kindorf appeals from a judgment in favor of the People, ordering forfeiture of $4,413 in United States currency, a 1989 GMC pickup truck, and other personal property seized pursuant to a search warrant in connection with drug offenses. Appellant contends (1) the judgment violates his constitutional guarantee to be free from double jeopardy by subjecting him to multiple prosecution and multiple punishment for the same offense, and (2) the trial court lacked subject matter jurisdiction over the case because the civil forfeiture statutes lapsed 12 days before the forfeiture case was instituted. We shall affirm the judgment.

Factual and Procedural Background

On December 10, 1993, law enforcement officers executed a search warrant at appellant’s residence and found more than three pounds of methamphetamine and three pounds of marijuana. The officers seized $4,413 in cash, a 1989 GMC pickup truck, and various other items of personal property, for a total value of approximately $12,000.

On December 14,1993, a criminal complaint was filed, charging appellant with possession…