STATE v. $281,420.00

No. 08-0465.

312 S.W.3d 547 (2010)

The STATE of Texas, Petitioner, v. $281,420.00 IN UNITED STATES CURRENCY, Respondent.

Supreme Court of Texas.

Decided May 14, 2010.


Attorney(s) appearing for the Case

Rene Guerra, Criminal District Attorney, Timothy Audrey Davis, Hidalgo Co. Crim. Asst. Dist. Atty., Edinburg, for Petitioner.

Edward A. Mallett, Mallett & Saper, L.L.P., Houston, for Respondent.

James C. Ho, Solicitor General of Texas, Sean D. Jordan, Assistant Solicitor General, Austin, for Office of the Solicitor General of Texas.


Justice O'NEILL delivered the opinion of the Court.

Law enforcement officers seized a truck while it was being towed and discovered a large amount of cash hidden in the axle. In this forfeiture proceeding that followed, neither the truck's owner nor the person who arranged the tow came forward to assert an interest in the currency. The tow-truck driver, however, intervened in the suit and claimed the currency as the last person in possession. Upon determining that...

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