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Holiday v. State of GA

The trial court did not err in finding the defendants' property subject to forfeiture, as they knew or should have known that their relative was using the property for selling methamphetamine.

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Following a bench trial, the trial court concluded that a trailer and a mobile home owned by Milton Holiday, as well as the property on which the trailer and the mobile home sat, and a vehicle owned by Rosa Nelson were subject to forfeiture because the trailer, the mobile home and the vehicle had been used by Andrew Holiday to sell methamphetamine.1 In Case No. A15A0591, Milton appeals, contending that the trial court erred in 1 failing to find that he was an innocent owner pursuant to OCGA § 16-13-49 e 1, and 2 holding that the forfeiture of his property was not an excessive fine. In Case No. A15A0593, Nelson appeals, contending that the trial court erred in finding that she was not an innocent owner. Since the evidence showed that both Milton and Nelson knew or could reasonably have known that their property was being used in a manner to facilitate drug trafficking and the forfeiture of Milton’s property was not an excessive fine, we affirm.

In rendering judgment on a complaint for forfeiture, the trial court is required to make mixed findings of fact and law, which this Court must accept unless they are clearly erroneous. We defer to the trial court’s judgment as to witness credibility and will affirm the trial court’s findings if there is any evidence supporting them.

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