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Commonwealth of Pennsylvania v. Alston11/24/1998
owever, we decline to find that such a colloquy requirement is necessary where a person signs and submits a written consent to forfeit seized property, nor has appellee pointed us in the direction of any pertinent authority which would mandate that such an inquiry be made under these circumstances. Thus, for the foregoing reasons, we reverse the trial court's denial of the Commonwealth's three oral applications for forfeiture.
The Commonwealth's second issue is that the trial court imposed an illegal sentence by applying the drug trafficking forfeiture assets, which were consensually agreed upon as being such, to satisfy appellee's mandatory fine and court costs. We agree. By reason of the controlled substance forfeiture provisions, 42 Pa.C.S.A. §§6801-6802, the legislature has clearly spoken on this issue and has provided for the use of the cash or other proceeds seized and subject to forfeiture. The money or goods are to be transferred to the district attorney, not as a source of payment of court fines. 42 Pa.C.S.A. §6801(e),(f),(g). This provision may also be seen as a preference for uniform treatment of such contraband throughout the Commonwealth and provides for a prescribed plan for employment of such goods or for the destruction of harmful property in order that it not find its way into the stream of commerce or other improper hands. Accordingly, we are constrained to vacate as illegal that part of appellee's sentences which require that the seized currency in dispute be used to satisfy his mandatory fine and court costs.
Orders reversed.
Judgments of sentence relating to the application of the seized currency to satisfy appellee's fine and court costs are vacated. In all other respects, judgments of sentence affirmed.
Case remanded to proceed to proper forfeiture Disposition of the seized currency consistent with this Opinion.
Jurisdiction relinquished.
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