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JAMES v. STATE

No. A99A1191.

523 S.E.2d 354 (1999)

240 Ga. App. 288

JAMES v. STATE of Georgia.

Court of Appeals of Georgia.

October 6, 1999.

Attorney(s) appearing for the Case

John B. Cloy, for appellant.

J. Thomas Durden, Jr., District Attorney, Carole E. Wall, Assistant District Attorney, for appellee.

PHIPPS, Judge.

After a bench trial, Darlene James's 1990 Cadillac Brougham was forfeited to the State because her son, Edrin Temple, used the car to transport and sell drugs on May 3, 1997. James's defense was that she was an innocent owner of the car. Under the innocent owner provision of the forfeiture statute:

A property interest shall not be subject to forfeiture ... if the owner of such interest or interest holder establishes that the owner or interest...

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