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GAMBLING PARAPHERNALIA, ETC. v. STATE

No. 05-99-01105-CV.

22 S.W.3d 625 (2000)

GAMBLING PARAPHERNALIA, DEVICES, EQUIPMENT AND PROCEEDS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Dallas.

June 12, 2000.

Attorney(s) appearing for the Case

J. Michael Alexander, Dallas, for Appellant.

Katherine A. Drew, Asst. Crim. Dist. Atty., Dallas, for Appellee.

Before Justices MOSELEY, BRIDGES, and ROACH.

OPINION

JOHN R. ROACH, Justice.

In this appeal, we must decide whether the criminal court magistrate had statutory authority to consider a motion for forfeiture of gambling proceeds, devices, equipment, and paraphernalia. We conclude the matter was a civil proceeding for which the magistrate had no statutory authority; thus, the trial court erred in referring the matter to the magistrate. Accordingly, we sustain the first point of error and remand for proceedings...

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