State v. $7379.54 United States Currency
State v. $7379.54 United States Currency
Opinion of the Court
Opinion
The pro se appellant, Billy G. Hunt,
From the record, we glean the following facts. On June 30, 1999, a state police trooper stopped Hunt on Route 8 in Beacon Falls for operating a motor vehicle without a rear license plate. A routine police check revealed that there was an outstanding warrant for Hunt’s arrest held by the Torrington police department in connection with two narcotics sales, one occurring on May 27,1999, and the other on June 3,1999.
Hunt eventually was convicted on those charges. He failed, however, to appear at the sentencing hearing. As a consequence, an arrest warrant again was issued and a lengthy manhunt ensued. Hunt ultimately was detained during the course of another narcotics transaction at which time he had in his possession more than $13,000. On May 8, 2002, the court conducted a hearing pursuant to a petition brought by the state to seek forfeiture of the currency taken from Hunt on June 30, 1999. Hunt asserted that the funds were in no way connected to drug activities. He testified that he derived the seized funds from his activities as a clothing merchant. He further asserted that since 1998, he had operated a successful retail clothing and musical tape business on leased premises in Bridgeport, and that he
On cross-examination, however, the state asked Hunt why he had not filed tax returns in either 1998 or 1999 and why his business reported zero income for the period ending March 31, 1999. Hunt was unable to answer those questions and, with regard to the business, stated: “I’m not certain. But what I will say is, I mean, I probably did, because there’s a lot of times where I don’t file taxes or I won’t file them right away for the simple fact that I’m just establishing my business. You know, so there’s probably been time periods where I didn’t file them because I just didn’t feel like filing them. I didn’t want to file them. I was trying to make excessive amounts of money to establish my business and then file taxes.” Additionally, as to his claim that he was a clothing retailer, Hunt was unable to identify any wholesaler from whom he had purchased merchandise. Finally, as to his rental agreement, when asked by the state the name of his landlord in 1999, he responded: “Umm, umm — from—if I’m correct, I believe his last name was Jackson.”
Following that hearing, the court concluded that Hunt’s claim that he legitimately had earned the currency that was found in his possession through the sale of clothing and music tapes was “preposterous.” The court further determined that clear and convincing evidence demonstrated that Hunt was a longtime drug dealer, and that the currency seized from him had been used in the delivery and distribution of a controlled substance. This appeal followed.
A court’s determination that the state has met its burden of proof by clear and convincing evidence will
. To make that determination, we must first look to the requirements of § 54-36h. In pertinent part, § 54-36h (a) (1) provides that “[a]ll moneys used, or intended for use, in the procurement, manufacture, compounding, processing, deliveiy or distribution of any controlled substance” shall be subject to forfeiture to the state pursuant to subsection (b) of § 54-36h. General Statutes § 54-36h (a) (1). Subsection (b) includes, as a condition of forfeiture, that at the in rem proceeding, “the state shall have the burden of proving all material facts by clear and convincing evidence. . . .” General Statutes § 54-36h (b).
Thus, to satisfy its burden of proof at the forfeiture hearing, the state was required to prove the operative facts by clear and convincing evidence. That standard is met only if “the evidence induces in the mind of the trier a reasonable belief that the facts asserted are highly probably true, [and] that the probability that they are true or exist is substantially greater than the probability that they are false or do not exist.” (Emphasis in original; internal quotation marks omitted.) Charlton v. Commissioner of Correction, 51 Conn. App. 87, 90, 719 A.2d 1205 (1998), cert. denied, 247 Conn. 961, 723 A.2d 815 (1999).
We therefore conclude that the court’s determination was supported by clear and convincing evidence, namely, Hunt’s history as a career drug purveyor, the similarity of circumstances of the seizure at issue to a later arrest occurring immediately after a drug transaction in which Hunt also was found to be in the possession of large sums of cash, and Hunt’s complete inability to explain credibly the source of the seized currency that was found in his possession. Because the court’s conclusion was not clearly erroneous, Hunt’s claim must fail.
The judgment is affirmed.
In this opinion the other judges concurred.
Because General Statutes § 54-36h, unlike allied forfeiture statutes, General Statutes §§ 54-33g and 22a-250, does not have a provision designating the owner or possessor of currency as a party defendant in forfeiture proceedings, we refer to Hunt as the appellant and not as the defendant.
In addition, Hunt claims that (1) the in rem proceeding violated his right against double jeopardy and (2) the trial judge abused his discretion in failing to recuse himself from the in rem proceeding. Our review of the record, however, reveals that Hunt did not raise those claims at trial. “We have repeatedly held that this court will not consider claimed errors on the part of the trial court unless it appears on the record that the question was distinctly raised at trial and was ruled upon and decided by the court adversely to the appeEant’s claim. . . . Claims that were not distinctly raised at trial are not reviewable on appeal.” (Internal quotation marks omitted.) State v. Huff, 69 Conn. App. 51, 56, 793 A.2d 1190 (2002). Accordingly, we decline to review those issues.
We note, however, that in United States v. Ursery, 518 U.S. 267, 292, 116 S. Ct. 2135, 135 L. Ed. 2d 549 (1996), the United States Supreme Court held that the double jeopardy clause does not apply to in rem civE forfeitures because such actions are civE in nature and do not involve punishment. Also, as to the recusal issue, it is weE settled that “we [wiE] not ordinarily
Hunt also had been convicted previously of narcotics violations in 1990 and 1992.
Reference
- Full Case Name
- STATE OF CONNECTICUT v. $7379.54 UNITED STATES CURRENCY
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- 3 cases
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- Published