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STATE v. $90,235.00 & 2000 BLACK LINCOLN

No. 08-09-00151-CV.

346 S.W.3d 737 (2011)

The STATE of Texas, Appellant, v. NINETY THOUSAND TWO HUNDRED THIRTY-FIVE DOLLARS AND NO CENTS IN UNITED STATES CURRENCY ($90,235.00) and 2000 BLACK LINCOLN NAVIGATOR VIN: 5LMPU28A7YLJ10865, Appellee.

Court of Appeals of Texas, El Paso.

Rehearing Overruled June 29, 2011.

Attorney(s) appearing for the Case

Jaime E. Esparza , District Attorney, El Paso, TX, for The State of Texas.

Joe E. Boaz , Anson, TX, for Appellee.

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

OPINION

DAVID WELLINGTON CHEW, Chief Justice.

The State of Texas brought forfeiture action for currency and vehicle seized from Mr. Hermenegildo Godoy Bueno ("Respondent") after a traffic stop. On Respondent's motion, the trial court granted his motion for summary judgment and ordered the seized property returned to him. The State challenges the court's order granting summary judgment arguing that it cannot be sustained on any of the grounds presented...

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