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WELDON v. STATE12/12/1997
hat Weldon was fined the value of the automobile. However, we can estimate that Weldon had paid about $12,000 to $13,000 on the car, which is the actual value of what he lost in the forfeiture proceeding.
Here, there is a forfeiture of an estimated $12,000 for possession of only 0.067 ounce of marijuana. There are no extraordinary circumstances in this case. As for the record in this case, it does not show that Weldon has ever been convicted of a prior crime. Further, the arresting officer testified that he did not smell marijuana smoke in the automobile. No drugs or drug paraphernalia were found in the automobile.
We find that the forfeiture of the automobile constitutes an excessive fine in violation of the Eighth Amendment. The judgment of forfeiture is reversed and this cause is remanded for further proceedings consistent with this opinion. Because this argument is dispositive, we will not address Weldon's other contentions.
REVERSED AND REMANDED
ROBERTSON, P.J., and YATES, J., concur.
THOMPSON, J., concurs in the result.
CRAWLEY, J., dissents.
In my dissent in Dent v. State, 714 So.2d 985 (Ala.Civ.App. 1997), I said that I would have upheld the forfeiture, applying the instrumentality test. I would uphold the forfeiture in this present case, applying the same test. See Austin v. United States, 509 U.S. 602, 623-28, 113 S.Ct. 2801, 2812-15, 125 L.Ed.2d 488 (1993) (Scalia, J., concurring in part and concurring in the judgment).
CRAWLEY, Judge, dissenting.
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