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STATE v. GAMBLING PARAPHERNALIA, DEVICES

No. 13-10-00265-CV.

356 S.W.3d 594 (2011)

The STATE of Texas, Appellant, v. GAMBLING PARAPHERNALIA, DEVICES, EQUIPMENT AND PROCEEDS, Appellee.

Court of Appeals of Texas, Corpus Christi-Edinburg.

May 12, 2011.

Attorney(s) appearing for the Case

Martha W. Warner , Dist. Atty., Beeville, Kent S. Richardson , Special Crimes Division, Office of Atty. Gen., Austin, for Appellant.

Todd A. Robinson , Alan L. Yaffe , Corpus Christi, for Appellee.

Before Justices GARZA, VELA, and PERKES.

OPINION

Opinion by Justice PERKES.

This is a civil-forfeiture case. By a single issue, the State argues the trial court erred as a matter of law by concluding the seized devices are not gambling devices because the "replay" that the devices awards is not a "thing of value" under the Penal Code. The trial court denied the State's motion for forfeiture. We sustain the State's issue on appeal, and reverse and render a judgment of forfeiture.

I. FACTUAL...

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