Mitchell v. State

Beasley, Chief Judge.

The State sought forfeiture of a pickup truck under OCGA § 16-13-49, naming Mitchell and E-Z Pay Used Cars, Inc., as owners and/ or interest holders. The complaint alleged that this vehicle is contraband in that law enforcement officers purchased cocaine from Mitchell in Greene County on March 9, 1994, and that he was utilizing the vehicle to facilitate the sale or distribution of the cocaine.

In response, E-Z claimed that it held a first lien security interest and was an innocent holder of the title.

Mitchell answered, stating that he was the registered owner and denying…