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RABERN v. STATE

No. A98A0483.

497 S.E.2d 631 (1998)

231 Ga. App. 84

RABERN v. STATE of Georgia.

Court of Appeals of Georgia.

March 10, 1998.

Attorney(s) appearing for the Case

James P. Brown, Jr., McDonough, for appellant.

Tommy K. Floyd, District Attorney, James L. Wright III, Assistant District Attorney, for appellee.

BLACKBURN, Judge.

After discovering 450 small marijuana plants and various gardening instruments on John Wesley Rabern's property, the State instituted an in rem forfeiture proceeding under OCGA § 16-13-49, seeking forfeiture of Rabern's residence and 5.2 acres of land upon which it stood. After a bench trial, the trial court ordered the property forfeited. In Rabern v. State of Ga., 221 Ga.App. 874,

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