People v. $6,500 United States Currency

In a civil forfeiture proceeding brought by the People pursuant to Health and Safety Code section 11470 et seq., 1 the trial court rendered a judgment which (1) declared $6,500 in United States Currency forfeited to the People, and (2) awarded the People the sum of $6,500 against appellant Robert D’Ambrosia. The judgment indicated that civil liability was imposed upon appellant because the currency was returned to or applied for the benefit of appellant pursuant to a motion and was no longer in possession of the People. On appeal, appellant contends the trial court lacked subject matter jurisdiction. We agree and therefore reverse.

Background

Law enforcement officers executing a search warrant in connection with sales of cocaine seized the currency in question from appellant’s automobile on April 28, 1987. Appellant was arraigned in municipal court on April 30 *1545 on charges of selling cocaine and conspiracy to sell cocaine. On May 5, he executed an unconditional assignment of the currency to his attorney for attorney’s fees. On May 6, the district attorney initiated this action in superior court seeking to forfeit the currency as the proceeds of drug trafficking. On…