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STATE v. BENAVIDES

No. 13-88-456-CV.

772 S.W.2d 271 (1989)

The STATE of Texas, Appellant, v. Elfego BENAVIDES, Appellee.

Court of Appeals of Texas, Corpus Christi.

Rehearing Denied June 15, 1989.

Attorney(s) appearing for the Case

Bradford M. Condit, Asst. County Atty., Corpus Christi, for appellant.

Jon Muschenheim, Corpus Christi, for appellee.

Before BENAVIDES, UTTER and DORSEY, JJ.

OPINION

BENAVIDES, Justice.

The opinion of this Court issued on May 18, 1989, is withdrawn and the following opinion is substituted in its place.

The State of Texas brought a forfeiture action in Nueces County against Elfego Benavides, appellee, seeking forfeiture upon appellee's Rolex watch pursuant to The Controlled Substances Act. The State alleged in its petition that appellee's watch was seized from the appellee on or about March 3, 1988, by...

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