State v. Johns

Quillin, Judge.

Appellant, David L. Johns, appeals from the trial court’s judgment which ordered the forfeiture of his vehicle following a conviction under R.C. 4301.-62(B)(4) for possession of an open container of beer. We reverse.

On December 8, 1992, Johns was convicted of possession of an open container of beer in violation of R.C. 4301.62(B)(4). Johns’s truck was seized and the state filed a petition for forfeiture, claiming that the truck was subject to forfeiture pursuant to R.C. 2933.41 and 4301.45.

Johns opposed the petition, arguing that his truck had not been lawfully seized under…