People v. Pena

Illinois Appellate Court
Criminal Court
Forfeiture
Citation
Case Number: 
2017 IL App (2d) 151203
Decision Date: 
Tuesday, May 16, 2017
District: 
2d Dist.
Division/County: 
Kane Co.
Holding: 
Vacated and remanded.
Justice: 
ZENOFF

Defendant's property was forfeited pursuant to money-laundering statute. State's mailing notice of forfeiture proceedings to Defendant at California address he gave at time of his arrest was insufficient, as State had ample reason to know that Defendant would not receive notice at his California address. Conditions of Defendant's bond included that he was ordered to remain in Illinois, and he regularly reported to pretrial services. Defendant's address was readily ascertainable from pretrial services. Forfeiture vacated and remanded for further proceedings. (SCHOSTOK and BIRKETT, concurring.)