STATE v. 1985 CHEVY PU

No. 2-89-290-CV.

797 S.W.2d 682 (1990)

The STATE of Texas, Appellant, v. 1985 CHEVY PU, VIN 1GCHC342FS107980; $1488.61 in U.S. Coin and Currency; Two Handguns and Two Rifles, Appellee.

Court of Appeals of Texas, Fort Worth.

August 31, 1990.


Attorney(s) appearing for the Case

Tim Curry, Crim. Dist. Atty., C. Chris Marshall, Steve King, Brent Carr, Betty Marshall, Asst. Dist. Attys., Fort Worth, for appellant.

Tim Moore, Fort Worth, for appellee.

Before FARRIS, MEYERS and DAY, JJ.


OPINION

MEYERS, Justice.

Because our prior ruling in State v. $4097 in U.S. Currency, 773 S.W.2d 674 (Tex.App.-Fort Worth 1989, writ denied), has effectively rendered the forfeiture provision of the Controlled Substances Act unconstitutional, we overrule our holding in $4097 and now hold that the language of the statute requiring the case be set for trial within thirty days of the defendant's answer is directory...

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