PEOPLE v. $28,500 UNITED STATES CURRENCY

Docket No. F023105.

51 Cal.App.4th 447 (1996)

THE PEOPLE, Plaintiff and Respondent, v. $28,500 UNITED STATES CURRENCY, Defendant; RAMON AGUILAR, Defendant and Appellant.

Court of Appeals of California, Fifth District.

December 3, 1996.


Attorney(s) appearing for the Case

COUNSEL

Robert J. Beles and Paul McCarthy for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Holly D. Wilkens and Jeffrey J. Koch, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

ARDAIZ, P.J.

FACTS AND PROCEDURAL HISTORY

Law enforcement officers seized $28,500 from the interior of Edwin Esqueda's truck following his arrest for driving under the influence on August 28, 1992.

On September 4, 1992, Ramon Aguilar filed a Health and Safety Code section 11488.5 claim with the Stanislaus Superior Court challenging the forfeiture of the money confiscated.1

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