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IN RE STATE AND $15,975.85 IN U.S. CURRENCY

No. 01-06-00905-CV.

221 S.W.3d 713 (2006)

In re The STATE of Texas and $15,975.85 IN U.S. CURRENCY, Relator.

Court of Appeals of Texas, Houston (1st Dist.).

December 28, 2006.

Attorney(s) appearing for the Case

Benjamin H. Best II, Pearland, TX, Trey Picard, Assistant District Attorney, Ben Hardin, Angleton, TX, for Appellant.

Jim Ross Cole, La Marque, TX, for Appellee.

Panel consists of Chief Justice RADACK and Justices BLAND and BROWN.

OPINION

SHERRY RADACK, Chief Justice.

The issue in this original proceeding is whether a motion for new trial filed by a nonparty will extend the trial court's1 plenary power under Texas Rule of Civil Procedure 329(b). We hold that it does not. Accordingly, we conditionally grant the petition for writ of mandamus.

BACKGROUND

According to the Peace Officer's Affidavit of Seizure, Jim Ross Cole was arrested on...

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