Criminal Cases and Rulings

SELECTED CALIFORNIA CRIMINAL LAW DECISIONS

In 1988, a non-citizen was convicted of felony drug offenses and granted probation with a condition requiring him to serve a jail sentence. Before serving time, he was deported but returned illegally. He filed a motion under section 1016.5, subdivision (b) to vacate judgment and withdraw his guilty pleas. To prevail on a section 1016.5, subdivision (b) motion, defendant must show he was not properly advised of immigration consequences. The trial court properly advised appellant of immigration consequences when it accepted his pleas, and therefore his claim was without merit.

A CHP cop in a surveillance plane saw a motorcycle at a high rate of speed and alerted a ground officer who at first activated his patrol vehicle’s lights and siren, but when he lost sight of the vehicle, he turned off the lights and siren, before eventually spotting and stopping the motorcycle. The court ruled that the elements of Vehicle Code section 2800.2, subdivision (a) were met despite the lights and siren of the patrol vehicle not being continuously activated.

Forfeiture of property connected with unlawful drug transactions is governed by Health and Safety Code sections, stating that if defendant is found guilty of the underlying related criminal action, forfeiture of property connected with the offense must be tried before the same jury. Defendant was arrested for drug offenses and $10,153.38 was seized from his hotel room. He immediately filed a claim opposing forfeiture. After the conviction, the People filed requests for admissions, asking defendant to admit he had abandoned claim to the money, and he responded with a Petition for Return of Property. The court ruled that the People are required to try the forfeiture in conjunction with the criminal case; they did not, so they were are precluded forfeiture.