State v. Centers

Doyle, Judge.

The State of Georgia appeals from an order denying its in rem forfeiture action and adjudicating Wilburn Centers an innocent owner of a vehicle seized by the State when his wife, Tracy Centers, was arrested for possessing methamphetamine and other crimes. Because the trial court erred as a matter of law by concluding that Wilburn was a legal owner of the vehicle when it was seized, we reverse.

Under OCGA § 16-13-49 (o) (5) and (p) (6), an in rem forfeiture proceeding shall be held, as here, by the court without a jury. “Upon appellate review, factual findings made after [such] a…