Gambling Paraphernalia, Devices, Equipment & Proceeds v. State

OPINION

JOHN R. ROACH, Justice.

In this appeal, we must decide whether the criminal court magistrate had statutory authority to consider a motion for forfeiture of gambling proceeds, devices, equipment, and paraphernalia. We conclude the matter was a civil proceeding for which the magistrate had no statutory authority; thus, the trial court erred in referring the matter to the magistrate. Accordingly, we sustain the first point of error and remand for proceedings consistent with this opinion.

Factual and PROCEDURAL BackgRound

On January 14, 1999, the Cedar Hill Police Department executed a search…