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STATE v. $1,760.00 IN U.S. CURRENCY

No. 12-0718.

406 S.W.3d 177 (2013)

STATE of Texas, Petitioner, v. $1,760.00 IN UNITED STATES CURRENCY, 37 "8" Liner Machines, Respondent.

Supreme Court of Texas.

June 28, 2013.

Attorney(s) appearing for the Case

Christopher William Ponder , Tarrant County Criminal, District Attorney's Office, Joe Shannon Jr. , Criminal District Attorney Tarrant County, Leticia Martinez , Assistnt Webb County Attorney, Lloyd Edward Whelchel , Fort Worth, TX, for Petitioner The State of Texas.

Melissa Swan , Paul Micheal Schneider , Schneider Law Firm PC, Fort Worth, TX, for Respondent Sammy Dean Barnes.

PER CURIAM.

This is a civil forfeiture case involving the seizure of thirty-seven gaming machines, commonly known as "eight-liners," by the State of Texas after the Tarrant County Sheriff's Department obtained and executed a warrant to search the Magic Games Game Room owned by Sammy Dean Barnes. The Texas Penal Code excludes from the definition of "gambling device" certain contrivances that reward players "exclusively with noncash merchandise prizes, toys, or novelties...

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