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Martin v. State of Ga.

The appellant failed to show that he was an innocent owner of two forfeited vehicles under O.C.G.A. § 16-13-49 e 1 A.

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James Martin appeals following a bench trial in this civil forfeiture action. Martin claims that he is the owner of a 1997 Mercedes-Benz and 2000 Porsche Boxster seized from his nephew Clarence Martin, Jr. Martin, Jr. after Martin, Jr. was arrested for drug violations. Because James Martin has not shown that he is an “innocent owner” under OCGA § 16-13-49 e 1 A, we affirm. Construed to support the judgment,1 the evidence at the forfeiture hearing was that the State filed a complaint pursuant to OCGA § 16-13-49 seeking forfeiture of the two cars, among other things, as part of the drug arrest of Martin, Jr. Martin, Jr. later pled guilty in federal court to possession of methamphetamine with intent to distribute. Martin, Jr. made no claim to the cars.

The agent in charge testified that the Mercedes had been used during several of the controlled drug buys. He also testified that both cars were registered to Martin, Jr., Martin, Jr. had been seen driving both cars, while officers were executing the search warrant, Martin, Jr. drove up in the Mercedes, and when Martin, Jr. was arrested, the keys to the Porsche were in his briefcase.

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