STATE v. $90,235 IN U.S. CURRENCY

No. 11-0642.

390 S.W.3d 289 (2013)

The STATE of Texas, Petitioner, v. NINETY THOUSAND TWO HUNDRED THIRTY-FIVE DOLLARS AND NO CENTS IN UNITED STATES CURRENCY ($90,235) and 2000 Black Lincoln Navigator VIN: 5LMPU28A7YLJ10865, Respondents.

Supreme Court of Texas.

Decided January 25, 2013.


Attorney(s) appearing for the Case

Jaime E. Esparza , El Paso District Attorney, Erin Delaney Koenemann , Toni Raven Johns Estaville , El Paso County District Attorney's Office, El Paso, TX, for the State of Texas.

James Darrell Lucas , Attorney at Law, El Paso, TX, Joe E. Boaz , Anson, TX, for Respondent Hermenegildo Bueno.


Justice JOHNSON delivered the opinion of the Court.

In this case the State brought an action for forfeiture of a vehicle and $90,235 found in it following a traffic stop. The driver of the vehicle, who claimed ownership of the vehicle and money, sought recovery of the property and filed a traditional motion for summary judgment. He asserted three grounds for summary judgment: (1) the trial court lacked subject-matter jurisdiction; (2) the State did not produce evidence...

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