Opinion
(9868)
Argued September 30, 1991
Decision released October 29, 1991
Information charging the defendant with the crimes of possession of marihuana and conspiracy to sell marihuana, brought to the Superior Court in the judicial district of Ansonia-Milford, geographical area number five, where the defendant was presented to the court, Fuller, J., on a plea of guilty of possession of marihuana; judgment of guilty; thereafter, the court, Flanagan, J., denied the defendant's motion for the return of certain property seized pursuant to a search warrant, from which the defendant appealed to this court. Reversed; remanded with direction.
Ralph C. Crozier, with whom, on the brief, was Allan Friedman, law student intern, for the appellant (defendant).
James M. Ralls, assistant state's attorney, with whom, on the brief, were Mary Galvin, state's attorney, and Frank McQuade, senior assistant state's attorney, for the appellee (state).
The state concedes that the trial court lacked jurisdiction to order the defendant's property forfeited because of the state's failure to initiate proper proceedings under the drug forfeiture statute. General Statutes 54-36a et seq.