People v. One 1961 Austin Healey Sprite Roadster

Opinion

REGAN, J.

This is an appeal from a judgment forfeiting the subject vehicle to the state pursuant to an action brought under article 1 (commencing with § 11610),

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chapter 7, division 10, of the Health and Safety Code.

In a stipulation filed on September 5, 1967, it was agreed by the parties that the vehicle in question “was used unlawfully to keep, deposit, conceal, convey, carry and transport narcotics, and to facilitate the unlawful keeping of, depositing, concealing, conveying, carrying and transporting of narcotics, to wit: marijuana, and said narcotics were unlawfully possessed by an occupant thereof, to wit: Kenneth Holloway, contrary to the force and effect of section 11610 of the Health and Safety Code, in the County of Yolo, State of California, on or about the 11th day of February 1967; that said vehicle was seized on or about February 2,

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1967, by the Davis Police Department and that Notice of Seizure and Intended Forfeiture Proceedings were filed on March 30, 1967, in the Superior Court of the State of California, in and for the County of Yolo.” The judgment of forfeiture was filed on December 5,1967.

In 1967, the Legislature repealed article 1 (commencing with § 11610), chapter 7, division 10 of the Health and Safety Code. (Stats. 1967, ch. 280, § 1, pp. 1437-1438.) The statute was an urgency measure

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and took effect on June 7, 1967, when it was signed by the Governor and filed with the Secretary of State. The provisions of article 1 (commencing with § 11610), chapter 7, division 10 of this code were still in effect on the date of seizure and commencement of the forfeiture proceedings.

Section 2 of chapter 280 of the Statutes of 1967 (the repealing statute) provides as follows; “Notwithstanding the repeal of Article 1 (commencing with Section 11610), Chapter 7, Division 10 of the Health and Safety Code which is effectuated by this act, the provisions of that article, as they exist on the effective date of this act, shall continue to be operative and effective with regard to any vehicle which is used to unlawfully transport or facilitate the unlawful transportation of any narcotic, or in which any narcotic is unlawfully kept, deposited, or concealed or which is used to facilitate the unlawful keeping, depositing or concealment of any narcotic, or in which any narcotic is unlawfully possessed by an occupant thereof or which is used to facilitate the unlawful possession by an occupant thereof, prior to the effective date of this act, until such vehicle is forfeited to the state, released to the person entitled thereto, purchased, sold, or otherwise disposed of pursuant to such provisions.”