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APPROVE MOTION TO ACCEPT REQUEST FOR REFUND AS ORDERED BY THE SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN JOAQUIN IN THE AMOUNT OF $20,000
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RECOMMENDATION
It is recommended that the City Council approve a motion:
1. Authorizing the City Manager to accept request for refund as ordered by the Superior Court of California, County of San Joaquin in the amount of $20,000.
2. Authorizing the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of the motion.
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Summary
On July 9, 2020, Stockton Police Department (SPD) officers were dispatched to the home of the subject for a domestic violence call in which the subject was arrested, and a search warrant was issued, whereby $20,000 in cash, 459.30 grams of marijuana, and illegal firearms were seized as evidence. On June 2, 2021, the Superior Court of San Joaquin County (Court) ordered that the balance of $20,000 in cash be released to the defendant. Staff requests Council authorize the City Manager to accept the request to refund $20,000 and have it dispersed to Mr. Simon Yanez, as ordered by the Court.
DISCUSSION
Background
SPD officers are dispatched to various incidents including domestic violence calls, the possession of large amounts of drugs for sale, as well as the prohibited possession of firearms. Upon search of this subject’s residence, the illegal possession of 459.3 grams of marijuana was discovered as well as the prohibited possession of firearms. Mr. Simon Yanez was charged with false imprisonment (PC236), battery (PC243-E), violation of court order (PC273), violation of possession of prohibited firearms (PC29825), and possession of illegal drugs (HS11359).
Present Situation
On December 12, 2021, a request for refund was submitted to the SPD. The request included a court order from the Superior Court of California, County of San Joaquin, ordering the return of property in the amount of $20,000 to the defendant. Per Stockton Municipal Code 3.60.020, any refund $20,000 or greater requires City Council approval.
FINANCIAL SUMMARY
The refund has no fiscal impact on the General Fund; funds seized as evidence were deposited and no expenses were incurred. Authorization for refund is requested in the amount of $20,000 to the listed defendant from the Police Department Grants Division, Other Special Revenue/Asset Forfeitures Local Account.
Attachment A - Court Order STK-CR-FDV-2020-6496