Holloway v. State Ex Rel. Whetstone

Freddy Holloway appeals from the trial court's judgment, wherein the trial court determined that "the ELEVEN THOUSAND SIX HUNDRED EIGHTY DOLLARS ($11,680.00) [IN] U.S. CURRENCY, in issue was used, or intended for use, in a transaction which would be a violation of the Alabama [Controlled] Substances Act." Holloway contends that the trial court committed reversible error when it determined that the State had presented sufficient evidence to meet its burden of proof for the forfeiture of the currency, pursuant to § 20-2-93, Ala. Code 1975. We agree.

In February 1999, a Daphne police officer…