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STATE v. ONE (1) 1986 NISSAN AUTO.

No. 08-89-00324-CV.

792 S.W.2d 577 (1990)

The STATE of Texas, Appellant, v. ONE (1) 1986 NISSAN AUTOMOBILE V.I.N. JN1HZ14S1GX162301 and One Cellular Telephone, Appellees.

Court of Appeals of Texas, El Paso.

Rehearing Overruled July 25, 1990.

Attorney(s) appearing for the Case

Al W. Schorre, Jr., Dist. Atty. of Midland County, Midland, for appellant.

David W. Lindemood, Brockett, Cunningham & Bates, Midland, for appellees.

Before OSBORN, C.J., and FULLER and KOEHLER, JJ.

OPINION

KOEHLER, Justice.

The State of Texas appeals from an order of dismissal in a forfeiture proceeding commenced under Tex.Rev.Civ.Stat.Ann. art. 4476-15 (Vernon 1976), known as the Texas Controlled Substances Act. We affirm.

The State filed a notice of seizure and intended forfeiture of the property, as required by Section 5.05(b) of the Act, on July 12, 1989. The owner of the property and Appellee herein, David D. Walker, filed his verified...

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