People v. Portuguez

The defendant, Gilberto Portuguez, was charged with unlawful possession of more than 900 grams of a substance containing cocaine with intent to deliver (720 ILCS 570/401(a)(2)(D) (West 1994)). He filed a motion to dismiss the charge based upon the forfeiture of a 1990 Ford Taurus and $1,072. The trial court denied the motion, and the defendant appeals.

Two issues are raised in this appeal: (1) whether this court has jurisdiction over the appeal; and (2) whether the defendant’s motion to dismiss should have been granted based upon the double jeopardy clauses of the United States and Illinois…