Petitioner People of the State of California Motion for Summary Judgment and/or Adjudication Before the court is Petitioner the People of the State of California Motion for Summary Judgment. Before ruling on the merits of the unopposed motion, the court is unclear as to why this was not tried before the jury in the criminal case.
It is statutorily required that the forfeiture proceedings be tried in conjunction with the underlying criminal case. Given that forfeiture of property valued at less than $25,000 requires a criminal conviction, the statute reasonably requires trial of the forfeiture issue by the same trier of fact that heard the criminal trial. The unitary trial provision of section 11488.4, subdivision (i)(5) is intended to conserve scarce judicial assets by obviating the need for a second trial. (People v. $10,153.38 in United States Currency (2009) 179 Cal.App.4th 1520, 1526.)
Section 11488.4(i)(5) says:
“(5) If there is an underlying or related criminal action, and a crim
Hearing Date
June 24, 2021
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Petitioner People of the State of California Motion for Summary Judgment and/or Adjudication Before the court is Petitioner the People of the State of California Motion for Summary Judgment. Before ruling on the merits of the unopposed motion, the court is unclear as to why this was not tried before the jury in the criminal case.
It is statutorily required that the forfeiture proceedings be tried in conjunction with the underlying criminal case. Given that forfeiture of property valued at less than $25,000 requires a criminal conviction, the statute reasonably requires trial of the forfeiture issue by the same trier of fact that heard the criminal trial. The unitary trial provision of section 11488.4, subdivision (i)(5) is intended to conserve scarce judicial assets by obviating the need for a second trial. (People v. $10,153.38 in United States Currency (2009) 179 Cal.App.4th 1520, 1526.)
Section 11488.4(i)(5) says:
“(5) If there is an underlying or related criminal action, and a crim