Smith v. State

Ellington, Judge.

The State of Georgia filed this forfeiture action in the Superior Court of Newton County against certain property including a 2002 Chevrolet Impala owned by T’Shovie Smith. In Smith’s answer, he moved to dismiss the action, asserting that the State failed to file the complaint within the time allowed. After a hearing, the trial court denied Smith’s motion to dismiss and declared the car forfeited to the State. Smith appeals, contending the trial court erred in failing to dismiss the action pursuant to OCGA § 16-13-49 (n) (5), given the fact that the State failed to file the…