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PEOPLE v. $12,601.33 IN U.S. CURRENCY

No. B229202.

209 Cal.App.4th 121 (2012)

146 Cal. Rptr. 3d 780

THE PEOPLE, Plaintiff and Respondent, v. TWELVE THOUSAND SIX HUNDRED ONE DOLLARS AND THIRTY-THREE CENTS ($12,601.33) IN U.S. CURRENCY, Defendant; CYRUS CARDAN, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

September 10, 2012.

Attorney(s) appearing for the Case

John F. Schuck , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Assistant Attorney General, Susan Sullivan Pithey and Mary Sanchez , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KLEIN, P. J. —

Cyrus Cardan, the defendant in the underlying criminal proceedings and the claimant in the forfeiture proceedings at issue, appeals from a postjudgment order awarding him $12,601.33, which represents $10,153.38 seized from Cardan's hotel room in 2003, plus the interest actually earned on the seized funds while on deposit in an interest-bearing account.

The essential issue presented is whether the...

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