Rabern v. State

Blackburn, Judge.

After discovering 450 small marijuana plants and various gardening instruments on John Wesley Rabern’s property, the State instituted an in rem forfeiture proceeding under OCGA § 16-13-49, seeking forfeiture of Rabern’s residence and 5.2 acres of land upon which it stood. After a bench trial, the trial court ordered the property forfeited. In Rabern v. State of Ga., 221 Ga. App. 874 (473 SE2d 547) (1996), we vacated the trial court’s decision due to its failure to apply the three-factor analysis, adopted by the Supreme Court in Thorp v. State of Ga., 264 Ga. 712 (450 SE2d…