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State v. Albert

May 19, 1997

STATE OF WASHINGTON, RESPONDENT,
v.
DIMICHO ALBERT, APPELLANT.



Appeal from Superior Court of King County. Docket No: 94-1-07304-1. Date filed: 03/07/95. Judge signing: Hon. Marilyn R. Sellers.

PER CURIAM. Dimicho Albert was arrested on September 21, 1994. During a search incident to arrest, police found rock cocaine in Albert's vehicle. Police seized the vehicle and additional rock cocaine, $1800.00 in currency, a pager and cellular phone from Albert's residence. On the night of his arrest, Albert was served with a notice of seizure and intended forfeiture. Despite proper notice, Albert never made a claim to the property or requested a hearing. In November, Albert was charged with possession of cocaine with intent to deliver. On March 7, 1995, the trial court accepted Albert's argument that a criminal conviction after forfeiture of his property would place him twice in jeopardy and granted his motion to dismiss the criminal charge. The State appeals.

The state and federal double jeopardy clauses guarantee that a person shall not be twice placed in jeopardy for the same offense. But, because Albert never appeared or made a claim in the forfeiture proceedings, he was not placed in jeopardy in the forfeiture proceedings. As a result, any subsequent criminal trial or conviction could not place him twice in jeopardy for the same offense. State v. Cole, 128 Wash. 2d 262, 282 n. 15, 906 P.2d 925 (1995); State v. Lyons, 85 Wash. App. 268, 932 P.2d 188, 190 (1997); State v. Anderson, 81 Wash. App. 636, 639-40, 915 P.2d 1138 (1996). The trial court erred in dismissing the criminal charges.

Reversed and remanded for trial.

19970519 ...


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