Preview
Electronically Filed
1 BIRGIT FLADAGER 1/19/2021 8:00 AM
Stanislaus County District Attorney Superior Court of California
2 832 12th Street, Suite 300 County of Stanislaus
Modesto, CA 95354 Clerk of the Court
3 Telephone: (209) 525-5550
By: Erin Barnett, Deputy
4 Attorney for Petitioner
5
6
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF STANISLAUS
10 --------------------000--------------------
D.A. No. F20065
11 THE PEOPLE OF THE ST ATE OF CALIFORNIA, ) NO.: CV-20-003531
12
Petitioner, )
13 vs.
) PETITION FOR FORFEITURE
OF PROPERTY
14 UNITED ST ATES CURRENCY IN THE AMOUNT ) (HEALTH AND SAF. CODE, §
OF $20,065.00, 11469, ET SEQ.)
15 Respondent, )
16
ALBERTO DURAN, )
Sandhu, Sonny S.
17
Real Party In Interest. ) 24
18 --------------------oOo--------------------
19 Petitioner by and through its counsel BIRGIT FLADAGER, District Attorney, hereby
20 alleges:
21 I
22 This is an action for forfeiture of the Respondent property pursuant to the provisions of
23 Health and Safety Code Sections 11470, et seq. brought on behalf of the People of the State of
24 California.
25 ll
26 This court has jurisdiction by virtue of Health and Safety Code Section 11488.4(a).
27 Ill
28 The Respondent property is described as $20,065 .00 United States Currency.
Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)
1 IV
2 The Respondent property was seized by officers of the Modesto Police Department on
3 August 12, 2020, at 1708 Midway Avenue, Modesto, Stanislaus County, California, and the
4 Respondent property is currently located in the custody of the Modesto Police Department,
5 within the jurisdiction of this court.
6 V
7 Petitioner is informed and believes and thereon alleges that on or before August 12,
8 2020, the Respondent property was furnished or intended to be furnished by a person in
9 exchange for a controlled substance, was proceeds traceable to an exchange for a controlled
10 substance and/or was used or intended to be used to facilitate one or more of certain enumerated
11 drug trafficking offenses, all of which are alleged to have occurred within five years of the
12 seizure of the property. The facts in support of the above allegations are as follows:
13 An ongoing marijuana cultivation and sales investigation resulted in execution of
14 multiple search warrants at several residences in Modesto, California. The search warrant
15 associated with residence 1708 Midway Avenue was investigated under case number MP20-
16 022152.
17 On August 12, 2020, officers of the Modesto Police Department provided knock and
18 notice at the 1708 Midway A venue residence. After no response, officers breached the front
19 door and cleared the residence. No persons were located inside. Officers went into the backyard
20 of the residence and detained three male subjects. The subjects were identified as Gregorio
21 Bailon Cruz, Carlos Antonio Martinez, and Martin Gutierrez Cruz. A green house was located
22 in the back yard and a total of 314 immature marijuana plants were seized. Sergeant Inacio
23 searched the master bedroom and located a black wallet and brown purse that contained a large
24 amount of currency. United States currency in the amount of $3,065.00 was found inside the
25 wallet and $17,000.00 U.S. currency was located inside the purse. Based on the findings,
26 officers provided all three subjects their Miranda rights. Mr. Martinez and Mr. Gutierrez Cruz
27 did not provide any statements. Mr. Bailon Cruz stated they were all hired to replant the
28 marijuana grow after it had been recently harvested.
2
Petition for Forfeiture of Properly (Health and Safety Code, § 11469, et seq.)
1 Based on their training and expenence, the officers believed that the quantity of
2 marijuana and large amount of currency located demonstrated that the subjects were involved in
3 narcotic sales and marijuana cultivation. All three subjects disclaimed ownership of the currency
4 found inside the residence. Investigator Meza left a Notice of Forfeiture, a Property Receipt, and
5 a blank Claim Opposing Forfeiture form at the residence.
6 VI
7 Carlos Antontio Martinez, Gregorio Bailon Cruz, and Martin Gutierrez Cruz are all
8 charged by criminal complaint with violations of Health and Safety Code sections 11358(c) and
9 11359(b) in Stanislaus County Superior Court Case Nos. CR-20-010071, CR-20-010074, and
10 CR-20-010072, respectively. This is the underlying criminal case upon which this asset
11 forfeiture action is based.
12 VII
13 The Respondent property is subject to forfeiture pursuant to subdivision (f)of Section
14 11470 of the Health and Safety Code in that Respondent property was furnished or intended to
15 be furnished by a person in exchange for a controlled substance, and/or was proceeds traceable
16 to an exchange for a controlled substance, and/or was used or intended to be used to facilitate
17 one or more of certain enumerated drug trafficking offenses, all of which are alleged to have
18 occurred within five years of the seizure of the property.
19 WHEREFORE, Petitioner prays:
20 1. For judgment and order declaring Respondent property forfeited to the State of
21 California and for disposition pursuant to Health and Safety Code section 11489;
22 2. For costs of suit herein; and
23 3. For such other and further relief as the Court may deem proper.
24 Dated this [0tv) day of January 2021, at Modesto, California.
25 Respectfully submitted,
BIRGIT FLADAGER
26 District Attorney
27
Brenda A. Cramton
28 Deputy District Attorney
3
Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)
Preview
Electronically Filed 1 BIRGIT FLADAGER 1/19/2021 8:00 AM Stanislaus County District Attorney Superior Court of California 2 832 12th Street, Suite 300 County of Stanislaus Modesto, CA 95354 Clerk of the Court 3 Telephone: (209) 525-5550 By: Erin Barnett, Deputy 4 Attorney for Petitioner 5 6 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF STANISLAUS 10 --------------------000-------------------- D.A. No. F20065 11 THE PEOPLE OF THE ST ATE OF CALIFORNIA, ) NO.: CV-20-003531 12 Petitioner, ) 13 vs. ) PETITION FOR FORFEITURE OF PROPERTY 14 UNITED ST ATES CURRENCY IN THE AMOUNT ) (HEALTH AND SAF. CODE, § OF $20,065.00, 11469, ET SEQ.) 15 Respondent, ) 16 ALBERTO DURAN, ) Sandhu, Sonny S. 17 Real Party In Interest. ) 24 18 --------------------oOo-------------------- 19 Petitioner by and through its counsel BIRGIT FLADAGER, District Attorney, hereby 20 alleges: 21 I 22 This is an action for forfeiture of the Respondent property pursuant to the provisions of 23 Health and Safety Code Sections 11470, et seq. brought on behalf of the People of the State of 24 California. 25 ll 26 This court has jurisdiction by virtue of Health and Safety Code Section 11488.4(a). 27 Ill 28 The Respondent property is described as $20,065 .00 United States Currency. Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.) 1 IV 2 The Respondent property was seized by officers of the Modesto Police Department on 3 August 12, 2020, at 1708 Midway Avenue, Modesto, Stanislaus County, California, and the 4 Respondent property is currently located in the custody of the Modesto Police Department, 5 within the jurisdiction of this court. 6 V 7 Petitioner is informed and believes and thereon alleges that on or before August 12, 8 2020, the Respondent property was furnished or intended to be furnished by a person in 9 exchange for a controlled substance, was proceeds traceable to an exchange for a controlled 10 substance and/or was used or intended to be used to facilitate one or more of certain enumerated 11 drug trafficking offenses, all of which are alleged to have occurred within five years of the 12 seizure of the property. The facts in support of the above allegations are as follows: 13 An ongoing marijuana cultivation and sales investigation resulted in execution of 14 multiple search warrants at several residences in Modesto, California. The search warrant 15 associated with residence 1708 Midway Avenue was investigated under case number MP20- 16 022152. 17 On August 12, 2020, officers of the Modesto Police Department provided knock and 18 notice at the 1708 Midway A venue residence. After no response, officers breached the front 19 door and cleared the residence. No persons were located inside. Officers went into the backyard 20 of the residence and detained three male subjects. The subjects were identified as Gregorio 21 Bailon Cruz, Carlos Antonio Martinez, and Martin Gutierrez Cruz. A green house was located 22 in the back yard and a total of 314 immature marijuana plants were seized. Sergeant Inacio 23 searched the master bedroom and located a black wallet and brown purse that contained a large 24 amount of currency. United States currency in the amount of $3,065.00 was found inside the 25 wallet and $17,000.00 U.S. currency was located inside the purse. Based on the findings, 26 officers provided all three subjects their Miranda rights. Mr. Martinez and Mr. Gutierrez Cruz 27 did not provide any statements. Mr. Bailon Cruz stated they were all hired to replant the 28 marijuana grow after it had been recently harvested. 2 Petition for Forfeiture of Properly (Health and Safety Code, § 11469, et seq.) 1 Based on their training and expenence, the officers believed that the quantity of 2 marijuana and large amount of currency located demonstrated that the subjects were involved in 3 narcotic sales and marijuana cultivation. All three subjects disclaimed ownership of the currency 4 found inside the residence. Investigator Meza left a Notice of Forfeiture, a Property Receipt, and 5 a blank Claim Opposing Forfeiture form at the residence. 6 VI 7 Carlos Antontio Martinez, Gregorio Bailon Cruz, and Martin Gutierrez Cruz are all 8 charged by criminal complaint with violations of Health and Safety Code sections 11358(c) and 9 11359(b) in Stanislaus County Superior Court Case Nos. CR-20-010071, CR-20-010074, and 10 CR-20-010072, respectively. This is the underlying criminal case upon which this asset 11 forfeiture action is based. 12 VII 13 The Respondent property is subject to forfeiture pursuant to subdivision (f)of Section 14 11470 of the Health and Safety Code in that Respondent property was furnished or intended to 15 be furnished by a person in exchange for a controlled substance, and/or was proceeds traceable 16 to an exchange for a controlled substance, and/or was used or intended to be used to facilitate 17 one or more of certain enumerated drug trafficking offenses, all of which are alleged to have 18 occurred within five years of the seizure of the property. 19 WHEREFORE, Petitioner prays: 20 1. For judgment and order declaring Respondent property forfeited to the State of 21 California and for disposition pursuant to Health and Safety Code section 11489; 22 2. For costs of suit herein; and 23 3. For such other and further relief as the Court may deem proper. 24 Dated this [0tv) day of January 2021, at Modesto, California. 25 Respectfully submitted, BIRGIT FLADAGER 26 District Attorney 27 Brenda A. Cramton 28 Deputy District Attorney 3 Petition for Forfeiture of Property (Health and Safety Code, § 11469, et seq.)