Beck

Defendant Rodney Beck, pursuant to plea bargain, pleaded guilty to one count of cultivation of marijuana. Thereafter, he moved for return of personal property (firearms), but the court refused to return the property to him, purportedly pursuant to Penal Code section 12028, which declares firearms used in the commission of a crime to be a nuisance and provides for the confiscation and destruction of such firearms.

Defendant orally moved to withdraw his guilty plea, on the ground that he was not informed that confiscation of his personal property would be imposed as a consequence of his guilty plea. The motion to withdraw his plea was denied. Defendant then filed a notice of appeal and, in addition, a petition for writ of mandate, both seeking (1) return of the personal property and/or (2) reversal of the judgment and permission to withdraw his guilty plea.

We conclude that the property was improperly confiscated. That being the case, there is no reason for defendant to withdraw his plea.

Facts

On September 24, 1990, the Fontana police were in a foot chase, looking for a suspected auto thief. While searching for the suspected thief, police officers were in a position…