STATE v. SILVER CHEVROLET PICKUP VIN

No. 03-0426.

140 S.W.3d 691 (2004)

The STATE of Texas, Petitioner, v. SILVER CHEVROLET PICKUP VIN 1GCEC14T7YE257128 TAG NO. 3TMX16, and Other Assets, Respondent.

Supreme Court of Texas.

July 2, 2004.


Attorney(s) appearing for the Case

Johnny Atkinson, Roy Carper, Farwell, for Petitioner.

Floyd D. Holder, Floyd Holder Law Firm, Lubbock, for Respondent.


PER CURIAM.

The Texas Code of Criminal Procedure provides that when the State seeks forfeiture of property used in a criminal enterprise, it "shall file a lis pendens notice" no later than three days after civil forfeiture proceedings are commenced. TEX.CODE CRIM. PROC. art. 59.04(g). In this case, we must decide whether the State's failure to timely file a lis pendens notice deprives the court of jurisdiction. We hold that it does not. Accordingly, we reverse the...

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