Sumner v. State

Miller, Chief Judge.

Geneva M. Sumner appeals from an order granting forfeiture of a 2002 Cadillac seized after her son, Jarvis Clark, was stopped for traffic violations and subsequently arrested and charged with violations of the Georgia Controlled Substances Act (OCGA § 16-13-30 (a) and (b)). Sumner filed an answer, which she later amended, 1 asserting an innocent owner defense under OCGA § 16-13-49 (e). After a bench trial, the trial court forfeited the vehicle to the State.' Sumner appeals, arguing that the trial court erred (i) in applying an improper standard of proof when it determined…