Ex parte Nguyen

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

Applicant was charged with delivery of 400 grams of cocaine. Prior to his trial on this charges the State obtained a civil forfeiture judgment against Appellant’s car in accord with the provisions of Chapter 59 of the Code of Criminal Procedure. Applicant filed a pre-trial application for a writ of habeas corpus contending that the pending criminal prosecution was barred by double jeopardy provisions because he had already been punished by the forfeiture of his car. The trial court denied relief and Applicant appealed. The Court of Appeals…