State v. Howell

Miller, Judge.

The State appeals an order issued by the Superior Court of Athens-Clarke County in a drug forfeiture case, (i) finding that Alton Howell, Jr., was an innocent owner of a $5,005 interest in a truck seized when police executed a search warrant at his son’s residence and (ii) ordering the State to deliver either $5,005 or the truck to Howell. The State claims that Howell’s interest in the truck was forfeited to the State because he failed to file a claim as required by OCGA § 16-13-49 (n) (3) and that, in any case, Howell’s answer failed to adequately set forth “[t]he nature and…