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State v. West

The plain language of O.C.G.A. § 16-13-49 subsection d6 does not require evidence that property found in "close proximity" to marijuana be further connected to the illegal activity in order to be subject to forfeiture.

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In this forfeiture action, the trial court denied the State’s forfeiture of West’s vehicle after West pled guilty and was convicted of possession of marijuana with intent to distribute. The State argues that the trial court misinterpreted the applicable provision of the forfeiture statute, OCGA § 16-13-49 d 6, and erroneously held that West’s vehicle, which was in close proximity to his apartment in which the drugs were seized, was not subject to forfeiture because the State lacked evidence that the vehicle was in any way connected to the unlawful activity. We agree with the State that the plain language of the statute imposes no such requirement and, therefore, reverse.

The pertinent facts are undisputed. In June 2012, law enforcement officers executed a search warrant of an apartment in which West resided. The officers located and seized large amounts of marijuana, as well as scales and other equipment indicative of distribution. They also seized West’s 1984 Oldsmobile Cutlass Supreme which, as held by the trial court, “was parked in the front yard of the residence directly in front of the door.” No contraband or money was found in the vehicle, no statement was made to police related to drug activity involving the vehicle, and no observation was made of West in or around the vehicle prior to the execution of the search warrant. West subsequently entered a guilty plea to possession of marijuana with intent to distribute and was sentenced on that charge.

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