Preview
Electronically Filed
12/23/2020 8:00 AM
1 BIRGIT FLADAGER Superior Court of California
Stanislaus County District Attorney County of Stanislaus
2 832 12th Street, Suite 300 Clerk of the Court
Modesto, CA 95354 By: Erin Barnett, Deputy
3 Telephone: (209) 525-5550
4 Attorney for Petitioner
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8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF STANISLAUS
10 --------------------000--------------------
D.A. No. F20079
11 THE PEOPLE OF THE STATE OF CALIFORNIA, ) NO.: CV-20-004441
12 Petitioner, )
13 vs. ) PETITION FOR FORFEITURE
OF PROPERTY
14 ) (HEALTH AND SAF. CODE,§
UNITED STATES CURRENCY IN THE AMOUNT 11469, ET SEQ.)
15 OF $15,353.00, )
16 Respondent, )
17 JULIO ANTHONY DELATORRE, )
18 Real Party In Interest. )
19 --------------------000--------------------
20 Petitioner by and through its counsel BIRGIT FLADAGER, District Attorney, hereby
21 alleges:
22 I
23 This is an action for forfeiture of the Respondent property pursuant to the provisions of
24 Health and Safety Code Sections 11470, et seq. brought on behalf of the People of the State of
25 California.
26 II
27 This court has jurisdiction by virtue of Health and Safety Code Section 11488.4(a).
sONNY SANDHU
28 Ill
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Petition for Forfeiture of Property (Health and Safety Code,§ 11469, et seq.)
1 III
2 The Respondent property is described as $15,353 .00 United States Currency.
3 IV
4 The Respondent property was seized by officers of the Modesto Police Department on
5 September 10, 2020, near 1620 Crowslanding Road, Modesto, Stanislaus County, California,
6 and the respondent property is currently located in the custody of the Modesto Police
7 Department, within the jurisdiction of this court.
8 V
9 Petitioner is informed and believes and thereon alleges that on or before September 10,
10 2020, the Respondent property was furnished or intended to be furnished by a person in
11 exchange for a controlled substance, was proceeds traceable to an exchange for a controlled
12 substance and/or was used or intended to be used to facilitate one or more of certain enumerated
13 drug trafficking offenses, all of which are alleged to have occurred within five years of the
14 seizure of the property. The facts in support of the above allegations are as follows:
15 On September 10, '2020, officers of the Modesto Police Department were patrolling
16 Crowslanding Road, an area known to have high criminal activity. Officer Villalpando and
17 Officer Lemus pulled into a parking lot near a smoke shop, and Officer Villalpando recognized
18 a prior contact, Oscar Jimenez. Mr. Jimenez was standing on the driver's side of a grey
19 Mercedes and appeared to be speaking with the driver. As the officers approached in that
20 direction, Oscar Jimenez immediately walked away from the vehicle and headed towards the
21 Sharp Liquor Store. Mr. Jimenez was seen smoking marijuana openly in public. Officer Lemus
22 detained Oscar Jimenez in the liquor store for smoking marijuana in public.
23 Officer Villalpando exited the patrol vehicle and saw a subject, later identified as Julio
24 Delatorre, exit the driver seat of the Mercedes, and walk towards the liquor store. The vehicle
25 was not parked in the marked parking stalls but left in the aisle. Based on the suspicious activity,
26 the officers believed criminal activity was occurring.
27 Julio Delatorre was detained in handcuffs. A strong odor of freshly burned marijuana
28 emitted from Mr. Delatorre's person. Based on the smell and the open smoking of marijuana,
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Peti tion for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)
1 the officers believed there was a possibility of a potential marijuana sale. Based on their training
2 and experience, the officers know that an illegal drug exchange often occurs where an individual
3 is outside the driver side door of a vehicle.
4 Julio Delatorre admitted that a jar of marijuana would be found in the vehicle and that it
5 contained about 7 grams. A probable cause search of the vehicle was conducted. A strong odor
6 of marijuana emitted from the vehicle. A small jar with marijuana residue was located in the
7 driver side door panel and a marijuana vape pen on the center console. A marijuana water pipe
8 inside a bag labeled "Cookies" was on the passenger side floorboard. "Cookies" is the name of a
9 marijuana dispensary. A purple rolling tray, commonly used to prepare marijuana cigarettes,
10 was located in the same area. A search of the trunk revealed two large bags of processed
11 marijuana bud, each weighing about one pound. A backpack held containers filled with
12 marijuana and Xanax pills. A purple felt drawstring bag contained a large amount of U.S .
13 currency.
14 Miranda rights were provided to Julio Delatorre which he stated he understood. Officer
15 Villalpando explained his reasoning for detainment. Julio Delatorre stated the he drank 3 shots
16 of alcohol and that the money located belonged to his girlfriend. He stated that he purchased the
17 Xanax pills from a friend and that he did not have a prescription for them. He then changed his
18 statement and said that $21,000.00 U.S. currency belonged to his girlfriend and that about
19 $15,000.00 U.S. currency belonged to him. Julio Delatorre stated he only possessed recreational
20 amount, however, the number of pills and marijuana located indicated otherwise. The money
21 was counted, and Julio Delatorre was found to be in possession of $64,353.00 U.S. currency.
22 Based on their training and experience, the officers believed that the large amount of currency
23 was from the sales of illicit substances. Julio Delatorre was arrested for violations of Health and
24 Safety Code section 11359 and Health and Safety Code section 11375. Oscar Jimenez was later
25 released at the scene.
26 Civil asset forfeiture interviews were conducted. Julio Delatorre stated $19,000.00 U.S.
27 currency belonged to him, about $20,000.00 U.S. currency belonged to his mother, Lluliana
28 Delatore, and that $15,000.00 U.S. currency belonged to his girlfriend, Evalina Ortiz. Evalina
3
Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)
1 Ortiz stated Mr. Delatorre was holding part of her money for a down payment on a home. Ms.
2 Ortiz signed a disclaimer of ownership form . Mr. Delatorre signed a disclaimer for the currency,
3 except the money he claimed. Julio Delatorre, Lluliana Delatore, and Evalina Ortiz were each
4 provided with a notice of forfeiture, a property receipt, and a blank claim opposing forfeiture
5 form.
6 VI
7 Julio Anthony Delatorre is charged by criminal complaint with violations of Health and
8 Safety Code section 11375(b)(2) and Health and Safety Code section 11359(b) in Stanislaus
9 County Superior Court Case No. CR-20-011240. This is the underlying criminal case upon
10 which this asset forfeiture action is based.
11 VII
12 The Respondent property is subject to forfeiture pursuant to subdivision (f) of Section
13 11470 of the Health and Safety Code in that Respondent property was furnished or intended to
14 be furnished by a person in exchange for a controlled substance, and/or was proceeds traceable
15 to an exchange for a controlled substance, and/or was used or intended to be used to facilitate
16 one or more of certain enumerated drug trafficking offenses, all of which are alleged to have
17 occurred within five years of the seizure of the property.
18 Although there is a criminal case underlying this asset forfeiture petition, there need not
19 be, because the amount of currency seized is at least $40,000.00. Pursuant to Health and Safety
20 Code § 11488.4, subdivision (i)(4 ),where the property seized is not less than $40,000.00, "the
21 state or local governmental entity shall have the burden of proving by clear and convincing
22 evidence that the property for which forfeiture is sought is such as is described in subdivision
23 (f) of section 11470. There is no requirement for forfeiture thereof that a criminal
24 conviction be obtained in an underlying or related criminal offense."
25 WHEREFORE, Petitioner prays:
26 1. For judgment and order declaring respondent property forfeited to the State of
27 California and for disposition pursuant to Health and Safety Code section 11489;
28 2. For costs of suit herein; and
4
Petition for Forfeiture of Property (Health and Safety Code,§ 11469, et seq.)
1 3. For such other and further relief as the Court may deem proper.
2 Dated this ~ day of December 2020, at Modesto, California.
3 Respectfully submitted,
4 BIRGIT FLADAGER
District Attorney
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Brenda A. Cramton
7 Deputy District Attorney
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Petition for Forfeiture of Property (Health and Safety Code,§ 11469, et seq.)
Preview
Electronically Filed 12/23/2020 8:00 AM 1 BIRGIT FLADAGER Superior Court of California Stanislaus County District Attorney County of Stanislaus 2 832 12th Street, Suite 300 Clerk of the Court Modesto, CA 95354 By: Erin Barnett, Deputy 3 Telephone: (209) 525-5550 4 Attorney for Petitioner 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF STANISLAUS 10 --------------------000-------------------- D.A. No. F20079 11 THE PEOPLE OF THE STATE OF CALIFORNIA, ) NO.: CV-20-004441 12 Petitioner, ) 13 vs. ) PETITION FOR FORFEITURE OF PROPERTY 14 ) (HEALTH AND SAF. CODE,§ UNITED STATES CURRENCY IN THE AMOUNT 11469, ET SEQ.) 15 OF $15,353.00, ) 16 Respondent, ) 17 JULIO ANTHONY DELATORRE, ) 18 Real Party In Interest. ) 19 --------------------000-------------------- 20 Petitioner by and through its counsel BIRGIT FLADAGER, District Attorney, hereby 21 alleges: 22 I 23 This is an action for forfeiture of the Respondent property pursuant to the provisions of 24 Health and Safety Code Sections 11470, et seq. brought on behalf of the People of the State of 25 California. 26 II 27 This court has jurisdiction by virtue of Health and Safety Code Section 11488.4(a). sONNY SANDHU 28 Ill 24 Petition for Forfeiture of Property (Health and Safety Code,§ 11469, et seq.) 1 III 2 The Respondent property is described as $15,353 .00 United States Currency. 3 IV 4 The Respondent property was seized by officers of the Modesto Police Department on 5 September 10, 2020, near 1620 Crowslanding Road, Modesto, Stanislaus County, California, 6 and the respondent property is currently located in the custody of the Modesto Police 7 Department, within the jurisdiction of this court. 8 V 9 Petitioner is informed and believes and thereon alleges that on or before September 10, 10 2020, the Respondent property was furnished or intended to be furnished by a person in 11 exchange for a controlled substance, was proceeds traceable to an exchange for a controlled 12 substance and/or was used or intended to be used to facilitate one or more of certain enumerated 13 drug trafficking offenses, all of which are alleged to have occurred within five years of the 14 seizure of the property. The facts in support of the above allegations are as follows: 15 On September 10, '2020, officers of the Modesto Police Department were patrolling 16 Crowslanding Road, an area known to have high criminal activity. Officer Villalpando and 17 Officer Lemus pulled into a parking lot near a smoke shop, and Officer Villalpando recognized 18 a prior contact, Oscar Jimenez. Mr. Jimenez was standing on the driver's side of a grey 19 Mercedes and appeared to be speaking with the driver. As the officers approached in that 20 direction, Oscar Jimenez immediately walked away from the vehicle and headed towards the 21 Sharp Liquor Store. Mr. Jimenez was seen smoking marijuana openly in public. Officer Lemus 22 detained Oscar Jimenez in the liquor store for smoking marijuana in public. 23 Officer Villalpando exited the patrol vehicle and saw a subject, later identified as Julio 24 Delatorre, exit the driver seat of the Mercedes, and walk towards the liquor store. The vehicle 25 was not parked in the marked parking stalls but left in the aisle. Based on the suspicious activity, 26 the officers believed criminal activity was occurring. 27 Julio Delatorre was detained in handcuffs. A strong odor of freshly burned marijuana 28 emitted from Mr. Delatorre's person. Based on the smell and the open smoking of marijuana, 2 Peti tion for Forfeiture of Property (Health and Safety Code, § 11469, et seq.) 1 the officers believed there was a possibility of a potential marijuana sale. Based on their training 2 and experience, the officers know that an illegal drug exchange often occurs where an individual 3 is outside the driver side door of a vehicle. 4 Julio Delatorre admitted that a jar of marijuana would be found in the vehicle and that it 5 contained about 7 grams. A probable cause search of the vehicle was conducted. A strong odor 6 of marijuana emitted from the vehicle. A small jar with marijuana residue was located in the 7 driver side door panel and a marijuana vape pen on the center console. A marijuana water pipe 8 inside a bag labeled "Cookies" was on the passenger side floorboard. "Cookies" is the name of a 9 marijuana dispensary. A purple rolling tray, commonly used to prepare marijuana cigarettes, 10 was located in the same area. A search of the trunk revealed two large bags of processed 11 marijuana bud, each weighing about one pound. A backpack held containers filled with 12 marijuana and Xanax pills. A purple felt drawstring bag contained a large amount of U.S . 13 currency. 14 Miranda rights were provided to Julio Delatorre which he stated he understood. Officer 15 Villalpando explained his reasoning for detainment. Julio Delatorre stated the he drank 3 shots 16 of alcohol and that the money located belonged to his girlfriend. He stated that he purchased the 17 Xanax pills from a friend and that he did not have a prescription for them. He then changed his 18 statement and said that $21,000.00 U.S. currency belonged to his girlfriend and that about 19 $15,000.00 U.S. currency belonged to him. Julio Delatorre stated he only possessed recreational 20 amount, however, the number of pills and marijuana located indicated otherwise. The money 21 was counted, and Julio Delatorre was found to be in possession of $64,353.00 U.S. currency. 22 Based on their training and experience, the officers believed that the large amount of currency 23 was from the sales of illicit substances. Julio Delatorre was arrested for violations of Health and 24 Safety Code section 11359 and Health and Safety Code section 11375. Oscar Jimenez was later 25 released at the scene. 26 Civil asset forfeiture interviews were conducted. Julio Delatorre stated $19,000.00 U.S. 27 currency belonged to him, about $20,000.00 U.S. currency belonged to his mother, Lluliana 28 Delatore, and that $15,000.00 U.S. currency belonged to his girlfriend, Evalina Ortiz. Evalina 3 Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.) 1 Ortiz stated Mr. Delatorre was holding part of her money for a down payment on a home. Ms. 2 Ortiz signed a disclaimer of ownership form . Mr. Delatorre signed a disclaimer for the currency, 3 except the money he claimed. Julio Delatorre, Lluliana Delatore, and Evalina Ortiz were each 4 provided with a notice of forfeiture, a property receipt, and a blank claim opposing forfeiture 5 form. 6 VI 7 Julio Anthony Delatorre is charged by criminal complaint with violations of Health and 8 Safety Code section 11375(b)(2) and Health and Safety Code section 11359(b) in Stanislaus 9 County Superior Court Case No. CR-20-011240. This is the underlying criminal case upon 10 which this asset forfeiture action is based. 11 VII 12 The Respondent property is subject to forfeiture pursuant to subdivision (f) of Section 13 11470 of the Health and Safety Code in that Respondent property was furnished or intended to 14 be furnished by a person in exchange for a controlled substance, and/or was proceeds traceable 15 to an exchange for a controlled substance, and/or was used or intended to be used to facilitate 16 one or more of certain enumerated drug trafficking offenses, all of which are alleged to have 17 occurred within five years of the seizure of the property. 18 Although there is a criminal case underlying this asset forfeiture petition, there need not 19 be, because the amount of currency seized is at least $40,000.00. Pursuant to Health and Safety 20 Code § 11488.4, subdivision (i)(4 ),where the property seized is not less than $40,000.00, "the 21 state or local governmental entity shall have the burden of proving by clear and convincing 22 evidence that the property for which forfeiture is sought is such as is described in subdivision 23 (f) of section 11470. There is no requirement for forfeiture thereof that a criminal 24 conviction be obtained in an underlying or related criminal offense." 25 WHEREFORE, Petitioner prays: 26 1. For judgment and order declaring respondent property forfeited to the State of 27 California and for disposition pursuant to Health and Safety Code section 11489; 28 2. For costs of suit herein; and 4 Petition for Forfeiture of Property (Health and Safety Code,§ 11469, et seq.) 1 3. For such other and further relief as the Court may deem proper. 2 Dated this ~ day of December 2020, at Modesto, California. 3 Respectfully submitted, 4 BIRGIT FLADAGER District Attorney 5 6 Brenda A. Cramton 7 Deputy District Attorney 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Petition for Forfeiture of Property (Health and Safety Code,§ 11469, et seq.)