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STATE v. 1998 TOYOTA LAND CRUISER

No. 07-08-0073-CV.

277 S.W.3d 88 (2009)

The STATE of Texas, Appellant v. 1998 TOYOTA LAND CRUISER, OKLAHOMA TAG CMN-633 VIN JT3HT05J9W0007179, Appellee.

Court of Appeals of Texas, Amarillo.

January 13, 2009.

Attorney(s) appearing for the Case

Richard R. Gore, Assistant Criminal District Atty., Canyon, TX, for Appellant.

E. Dean Roper, Attorney At Law, Amarillo, TX, for Appellee.

Before QUINN, C.J. and CAMPBELL and HANCOCK, JJ.

Opinion

BRIAN QUINN, Chief Justice.

The State appeals from the trial court's denial of its motion to forfeit the 1998 Toyota Land Cruiser of Cole Austin Donelson. We agree, reverse, and remand.

Background

The Land Cruiser was seized after Donelson was found selling marijuana from it. Donelson sought to recover the vehicle. At issue was the propriety of the detention that resulted in his arrest.

In permitting Donelson...

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