People v. One 1949 Chevrolet Sedan

GRIFFIN, P. J. The People appeal from a judgment [293]refusing to forfeit a vehicle to the State of California, under Health and Safety Code, section 11610, pertaining to the use of a car to unlawfully transport or to facilitate the unlawful transportation of a narcotic by an occupant thereof. In the answer filed by Veronica Maldonado, wife of Louis Maldonado who was the occupant and driver of said car, it is alleged that they were coowners of the car as “community property” and she denied any violation of the section. She was not in the car nor driving it at the time.

The parties stipulated to the facts in the trial court and the court found that the vehicle was not used in violation of the section.

Louis Maldonado agreed to sell two cans of marijuana to an undercover operator named Thompson, and on January 5, 1962, Thompson gave Maldonado $35 as the purchase price of the marijuana. Maldonado agreed to make the sale and arrangement was made between Maldonado and Thompson to meet at a designated place in the City of Ontario at a later time that evening. Maldonado drove his automobile to a place about six blocks from his home, parked, got into Thompson’s car and directed him to proceed to a place about three miles from there where marijuana had been “stashed” by Maldonado. Maldonado got out of Thompson’s car, went to the stashed marijuana, picked it up, returned to Thompson’s automobile and delivered the marijuana to Thompson. Maldonado got back into Thompson's car, returned to the original point where he had parked his car, the Chevrolet here involved, drove off in his car and was subsequently apprehended by the police. It was stipulated that at no time was the defendant automobile used for the purpose of transporting narcotics, nor was any narcotic found in the defendant automobile.

■ The question involved is whether or not the defendant vehicle was unlawfully used to facilitate the unlawful transportation of a narcotic, or the unlawful keeping, depositing or concealment of any narcotic, or the unlawful possession of any narcotic by an occupant thereof contrary to the provisions of Health and Safety Code, section 11610.

We have received no aid from respondent on the question, because respondent has failed to file a brief in reply. Appellant relies primarily on People v. One 1952 Mercury 2-Door Sedan, 176 Cal.App.2d 220 [1 Cal.Rptr. 245], There, an automobile owner used his vehicle to facilitate the unlawful possession of heroin, within the purview of the 1955 amendment of Health and Safety Code, section 11610, so as to au