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STATE v. $217,590.00 IN U.S. CURRENCY

No. 98-0582.

18 S.W.3d 631 (2000)

The STATE of Texas, Petitioner, v. $217,590.00 IN UNITED STATES CURRENCY, Respondent.

Supreme Court of Texas.

Decided April 13, 2000.

Rehearing Overruled May 25, 2000.

Attorney(s) appearing for the Case

Brian Kelly Johnson, John Cornyn, Don J. Clemmer, Austin, George P. Morrill, II, Beeville, for Petitioner.

G. Rudolph Garza, Jr., Corpus Christi, for Respondent.

Justice O'NEILL delivered the opinion of the Court.

This case involves the forfeiture of $217,590 allegedly derived from illegal drug trafficking. See Tex.Crim. Proc.Code art. 59.01-.08 (the "civil forfeiture statute"). We must decide whether the claimant, Henry Perez Olvera, voluntarily consented to the search that revealed the money and the evidence linking it to criminal activity. In doing so, we decide the standard appellate courts must apply in civil forfeiture...

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