State of Georgia v. Brooks

DOYLE, Chief Judge.

The State appeals from the trial court’s order granting John Henry Brooks’s motion to dismiss the State’s forfeiture proceeding based on untimely filing of the proceeding under former OCGA § 16-13-49. The State contends that the trial court erred by granting the motion to dismiss because under former OCGA § 16-13-49 (n), it was unnecessary for the State to commence forfeiture proceedings within 60 days of the seizure. For the reasons that follow, we vacate and remand for further proceedings.

The record shows that on February 4, 2014, the Chatham - Savannah Counter Narcotics…