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CUELLAR v. STATE

No. A97A2186.

496 S.E.2d 282 (1998)

230 Ga. App. 203

CUELLAR v. The STATE.

Court of Appeals of Georgia.

January 15, 1998.

Attorney(s) appearing for the Case

Stephen T. Maples, Decatur, J. Ralph McClelland III, Marietta, for appellant.

J. Tom Morgan, District Attorney, Keith E. Adams, Priscilla N. Carroll, Assistant District Attorneys, for appellee.

JOHNSON, Judge.

Martin Cuellar was indicted for possession of cocaine with intent to distribute after police discovered drugs and $101,440 in cash in his residence. The state also initiated an in rem forfeiture proceeding against the currency. By consent order, Cuellar forfeited the currency to the state. Cuellar then filed a plea of former jeopardy and motion to dismiss the indictment, contending that the judgment of forfeiture constituted punishment and invoked...

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