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CUEVAS v. SUPERIOR COURT

No. F064886.

221 Cal.App.4th 1312 (2013)

165 Cal. Rptr. 3d 325

ADOLFO CUEVAS, Petitioner, v. THE SUPERIOR COURT OF TULARE COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Fifth District.

December 5, 2013.

Attorney(s) appearing for the Case

Michael B. Sheltzer , Public Defender, Lisa J. Bertolino , Assistant Public Defender, Timothy B. Rote , Deputy Public Defender; and Matthew E. Baker for Petitioner.

No appearance for Respondent.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Michael P. Farrell , Assistant Attorney General, Louis M. Vasquez , Leanne LeMon and Lewis A. Martinez , Deputy Attorneys General, for Real Party in Interest.

OPINION

PEÑA, J. —

INTRODUCTION

This case concerns the law of asset forfeiture and, more particularly, the procedures regarding forfeiture of property connected with unlawful drug activity, as governed by sections 11470 through 11489 of the Health and Safety Code. The questions presented are (1) May a policing agency rather than a prosecuting agency initiate these forfeiture proceedings? and (2) Is substantial compliance...

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