People v. Daniels
State: Illinois
Court: 2nd District Appellate
Docket No: 2-95-1190
Case Date: 09/25/1996
No. 2--95--1190
________________________________________________________________
IN THE
APPELLATE COURT OF ILLINOIS
SECOND DISTRICT
________________________________________________________________
THE PEOPLE OF THE STATE ) Appeal from the Circuit Court
OF ILLINOIS, ) of Du Page County.
)
Plaintiff-Appellee, ) No. 95--CF--544
)
v. )
)
JOE C. DANIELS, ) Honorable
) Eugene A. Wojcik,
Defendant-Appellant. ) Judge, Presiding.
________________________________________________________________
JUSTICE COLWELL delivered the opinion of the court:
In March 1995, defendant, Joe C. Daniels, was indicted with
one count of unlawful delivery of more than 15 grams but less than
100 grams of a controlled substance (cocaine) (720 ILCS
570/401(a)(2)(A) (West 1992)); and two counts of unlawful delivery
of more than 1 gram but less than 15 grams of a controlled
substance (cocaine) (720 ILCS 570/401(c)(2) (West 1992)).
Defendant moved to dismiss the criminal prosecution against him on
the basis of former jeopardy, arguing that, because a vehicle
titled in his name and seized at the time of his arrest was
forfeited, the seizure and forfeiture constituted punishment for
the same conduct as the criminal offenses and barred further
prosecution against him. After a hearing on September 14, 1995,
the circuit court denied defendant's motion, and he timely appealed
(see 145 Ill. 2d R. 604(f)). We affirm and remand for further
proceedings.
The operative facts gleaned from the record are brief and
undisputed. When defendant was arrested, a 1978 Oldsmobile Coupe
bearing the vehicle identification number 3N37K8C149983 was seized.
The State sent defendant a notice of a pending forfeiture, but he
did not file a claim for the vehicle. Defendant subsequently
received a declaration of forfeiture advising him that the car was
forfeited on May 26, 1995, pursuant to the Illinois Drug Asset
Forfeiture Procedure Act (Forfeiture Act) (725 ILCS 150/1 et seq.
(West 1992)).
Under the provisions of the Forfeiture Act, the State's
Attorney may initiate a nonjudicial forfeiture proceeding against
personal property subject to forfeiture in connection with a drug
offense if the property does not exceed $20,000 in value, excluding
the value of any conveyance. 725 ILCS 150/6 (West 1992). The
State's Attorney gives statutory notice of the pending forfeiture
to known and unknown owners and interest holders of the property
who may then file a claim against the property within 45 days of
the effective date of the notice. 725 ILCS 150/4, 6(B), 6(C)(1)
(West 1992). If the claimant properly files a claim, the State's
Attorney then initiates a judicial in rem forfeiture proceeding for
the court to adjudicate whether the property should be forfeited.
If no claim is timely made, the State's Attorney declares the
property forfeited administratively and disposes of the property in
accordance with the law. 725 ILCS 150/6(C), 6(D) (West 1992).
Here, defendant did not file a claim against the forfeited
automobile, and it was administratively forfeited.
On appeal, defendant argues that, under the holding of our
State supreme court in In re P.S., 169 Ill. 2d 260 (1996), the
forfeiture of defendant's automobile must be deemed punishment for
double jeopardy purposes, and defendant's right to dismissal of the
criminal charges should not have been denied on the ground that
defendant did not claim the property, since the forfeited auto was
a titled vehicle which, according to defendant, distinguishes this
case from this court's ruling in People v. Towns, 269 Ill. App. 3d
907, 918-19 (1995), rev'd in part on other grounds sub nom. In re
P.S., 169 Ill. 2d 260 (1996), vacated in part & remanded sub nom.
Illinois v. Kimery, 518 U.S.___, 135 L. Ed. 2d 1092, 116 S. Ct.
2577 (1996) (mem.). Defendant also relies on United States v.
Ursery, 59 F.3d 568 (6th Cir. 1995) (where government instituted
civil forfeiture action against Ursery's property alleging it had
been used to facilitate drug offenses and defendant agreed to
settle the claim, appeals court concluded that forfeiture and
criminal conviction were punishment for the same offense and
violated prohibition against double jeopardy; jeopardy attached
when forfeiture judgment was entered; conviction and sentence
vacated). However, during the pendency of this appeal the
appellate decision in Ursery was reversed by United States v.
Ursery, 518 U.S. ___, 135 L. Ed. 2d 549, 116 S. Ct. 2135 (1996).
In P.S., a consolidated case, our State supreme court affirmed
this court's judgment (No. 2--93--1212) with respect to defendant
John Kimery, who was charged with unlawful possession of a
controlled substance (Ill. Rev. Stat. 1991, ch. 56
Illinois Law
Illinois State Laws
Illinois Tax
Illinois Court
Illinois Labor Laws
> Minimum Wage in Illinois
Illinois Agencies