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Buchanan v. State of Ga.

The Court of Appeals vacated the judgment for the State in a civil forfeiture case because the trial court failed to make findings of fact and conclusions of law on the record.

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Following a bench trial in this in rem civil forfeiture action, James Buchanan forfeited his truck to the State on the ground that it was used to facilitate his possession of methamphetamine. Buchanan appeals, arguing that the trial court erred in finding that the forfeiture was not excessive and in failing to make the required findings supporting the forfeiture on the record. We agree that the record does not indicate whether the trial court considered the mandatory guidelines outlined by our Supreme Court in Howell v. State of Georgia1 in determining whether the forfeiture was excessive. We, therefore, vacate the judgment of the trial court and remand this case with direction that the trial court consider these guidelines and make appropriate findings on the record.

Construed to support the judgment,2 the evidence shows that in late June 2011, the Cedartown Police Department and federal narcotics agents began conducting surveillance on a local residence after they observed a vehicle known to be transporting a large amount of illegal narcotics and money stop at that house. Subsequently, the agents reviewed public-utility records and determined that this residence was not receiving either power or water. However, the house and yard appeared to be well-maintained, leading the agents to believe—based on their experience—that the residence was being used to stash illegal drugs.

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