State ex rel. McGehee v. 1987 Oldsmobile Cutlass, Vin: 1G3NF11U9HM234685, Tag: BYX 624

I dissent. I would affirm the trial court.

In its Notice of Seizure and Forfeiture, State served both Michael Shane Sexton and Joe Sexton, Michael’s father. Only Joe Sexton, the Appellee here, answered State’s petition for forfeiture. Joe Sexton alleged he was the owner of the automobile subject to the action and that any use of the automobile by Michael Sexton involving controlled substances was without Joe Sexton’s knowledge or consent.

The State does not controvert that Joe Sexton is the record owner of the automobile. At the forfeiture hearing held in accordance with 63 O.S.1991 § 2-506,…