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Coffey v. State of GA

The trial court did not abuse its discretion in concluding that appellant's in rem forfeiture answer did not strictly comply with the special pleading requirements of O.C.G.A. § 9-16-12 subsection c 1.

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In this in rem forfeiture action, Shannon Coffey appeals from the judgment and order of forfeiture entered by the Gwinnett County Superior Court after the court struck his answer for failure to comply with the statutory requirements for an in rem forfeiture answer. In his sole enumeration of error, Coffey asserts that the trial court erred because his answer was legally sufficient. For the reasons that follow, we find no error and affirm.

The record shows that on September 22, 2015, following a traffic stop by a Gwinnett County Sheriff’s Department deputy, Coffey was arrested and charged with multiple violations of OCGA § 16-13-30, including possession of methamphetamine with intent to distribute, possession of oxycodone, possession of hydrocodone, and possession of buprenorphine. At that time, Coffey was also in possession of digital scales, drug packaging materials, two handguns, and U.S. currency in the amount of $53,648.00 the Currency. Officers seized the Currency, and on October 16, 2015, the State filed its complaint for forfeiture pursuant to OCGA § 9-16-1.1 On November 25, 2015, Coffey filed an answer claiming ownership of the Currency. Contending that the answer failed to comply with the statutory requirements of OCGA § 9-16-12 c 1, the State filed a motion for a more definite statement. The trial court granted the motion and ordered Coffey to amend his answer to comply with OCGA § 9-16-12 c 1.

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