Jenkins v. Commonwealth

Opinion

BRAY, J.

Steven Wayne Jenkins (defendant) was convicted in a jury trial of possession of cocaine with intent to distribute and sentenced by the trial court in accordance with the verdict to ten years imprisonment and fined $10,000. He appeals from an additional order of the trial court which confiscated $870 of defendant’s funds. Defendant complains that this action constituted an unlawful forfeiture. We agree and reverse the trial court.

At the time of defendant’s arrest, police removed and seized $870 from his pockets. Immediately following a hearing and the court’s rulings on…