State v. Anderson
State v. Anderson
Concurring Opinion
concurring specially.
The majority opinion holds that “a showing that money is found in close proximity to controlled substances is sufficient to establish a prima facie case in an action for condemnation of that money.” As I read OCGA § 16-13-49 (a) (6), the State’s burden in such a condemnation case is two-fold: (1) it must be shown that the money was in close proximity to a controlled substance or marijuana; and (2) it must be shown that the money was used to facilitate some activity with the contraband.
I do not believe that Bloodworth v. State, 185 Ga. App. 880 (366 SE2d 324) (1988), relied upon by the majority opinion, stands for the proposition that a showing of close proximity also shows the illegal use. In Bloodworth, the other contents of the defendant’s purse, viz., syringes, rolling papers, razor blades, a spoon, and triangular plastic bags containing powder, were significant factors in the determination that the evidence supported a finding of illegal use.
The majority opinion in the instant case effectively eliminates the second part of the State’s burden of proof. Accordingly, I must concur in the judgment only.
Opinion of the Court
This is an appeal by the State from a judgment entered on a directed verdict for appellees, the defendants in actions brought for the forfeiture of cash and jewelry seized in connection with arrests arising from a sale of 45 pounds of marijuana.
Judgments reversed.
Appellees were arrested on April 18, 1987. The forfeiture petition naming Anderson was filed on May 18, 1987, and the petition naming Meers on May 20, 1987. The actions were tried before a jury on January 23 and 24, 1989, and judgments for appellees were entered on February 6, 1989. Notices of appeal were filed on February 14, 1989. The cases were docketed here on May 31, 1989. Appellant’s brief was filed on June 29, 1989, and appellees’ on July 18, 1989. The case was submitted in September 1989.
Reference
- Full Case Name
- STATE OF GEORGIA v. ANDERSON STATE OF GEORGIA v. MEERS
- Cited By
- 1 case
- Status
- Published