Angeloni

People v. Angeloni

Good Law
1995 Cal. App. LEXIS 1226·40 Cal. App. 4th 1267·47 Cal. Rptr. 2d 584·95 Daily Journal DAR 16251·95 Cal. Daily Op. Serv. 9352
Court of Appeal of CaliforniaNovember 15, 1995F021868California1,541 words

Opinion

Opinion

Buckley, J.

Convicted after jury trial of transportation and possession for sale of controlled substances, defendant appeals from the judgment of conviction. Defendant’s sole contention on appeal is that his criminal prosecution violated the proscriptions against double jeopardy in the United States and California Constitutions because of the government’s prior nonjudicial forfeiture of money seized from the vehicle that defendant drove at the time of his arrest. We will affirm.

Procedural and Factual Summary

The trial court denied defendant’s pretrial motion to dismiss the charges on double jeopardy grounds. The statement of facts submitted in support of the motion revealed that police officers arrested defendant on August 24, 1992, after a traffic stop. Officers found controlled substances and $1,700 in the automobile defendant drove; a later search of defendant’s house resulted in discovery of controlled substances. The money was transported to the police department and was later seized pursuant to asset forfeiture. Defendant was advised of the seizure and was given a copy of an asset forfeiture seizure form. The form informed defendant that the money had been seized in…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.