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STATE v. $5,500.00 IN U.S. CURRENCY

No. 08-07-00235-CV.

296 S.W.3d 696 (2009)

The STATE of Texas, v. FIVE THOUSAND FIVE HUNDRED DOLLARS IN UNITED STATES CURRENCY.

Court of Appeals of Texas, El Paso.

April 16, 2009.

Attorney(s) appearing for the Case

Dale D. Jensen, Asst. District Attorney-Civil Section, Dallas, TX, for Appellant.

Martin LeNoir, Dallas, TX, for Appellee.

Before CHEW, C.J., McCLURE, and CARR, JJ.

OPINION

ANN CRAWFORD McCLURE, Justice.

The State of Texas appeals from a judgment denying its petition for forfeiture of $5,500 alleged to be contraband. We reverse and remand.

FACTUAL SUMMARY

Officer Ken Fay is a narcotics investigator with the Irving Police Department. On March 4, 2005, a DEA agent, Henry Biddle, advised another narcotics investigator, Henry Schutt, that a confidential informant had told him that a 43-year-old...

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