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STATE v. CURRENCY

No. 3-90-140-CV.

809 S.W.2d 344 (1991)

The STATE of Texas, Appellant, v. $8,353.00 U.S. CURRENCY, Appellee.

Court of Appeals of Texas, Austin.

Rehearing Overruled June 5, 1991.

Attorney(s) appearing for the Case

Dan Morales, Atty. Gen., April Bacon, Asst. Atty. Gen., Austin, for appellant.

Jay Doyle, Kuhn, Doyle & Kuhn, P.C., Austin, for appellee.

Before POWERS, ABOUSSIE and KIDD, JJ.

ABOUSSIE, Justice.

The State appeals from an order of dismissal in a forfeiture proceeding brought under the former provisions of the Texas Controlled Substances Act.1 The trial court found that the State failed to request a hearing within the thirty-day period mandated by the Act, dismissed the suit with prejudice, and ordered the return of funds to the claimant. We must decide whether the State's failure to request a hearing within thirty...

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