People v. One 1949 Chevrolet Sedan

The People appeal from a judgment *293 refusing to forfeit a vehicle to the State of California, under Health and Safety Code, section 11610, pertaining to the use of a car to unlawfully transport or to facilitate the unlawful transportation of a narcotic by an occupant thereof. In the answer filed by Veronica Maldonado, wife of Louis Maldonado who was the occupant and driver of said car, it is alleged that they were coowners of the car as “community property” and she denied any violation of the section. She was not in the car nor driving it at the time.

The parties stipulated to the facts in the trial court and the court found that the vehicle was not used in violation of the section.

Louis Maldonado agreed to sell two cans of marijuana to an undercover operator named Thompson, and on January 5, 1962, Thompson gave Maldonado $35 as the purchase price of the marijuana. Maldonado agreed to make the sale and arrangement was made between Maldonado and Thompson to meet at a designated place in the City of Ontario at a later time that evening. Maldonado drove his automobile to a place about six blocks from his home, parked, got into Thompson’s car and directed him to proceed to a…