Mitchell v. State

OPINION

FULLER, Justice.

The trial court entered judgment finding that a 1984 Cadillac, a Rolex watch and $1,683.00 in currency should be forfeited to the State of Texas. We reverse and render.

On February 24, 1990, Renee Belding was the driver and sole occupant of a 1984 Cadillac. She stopped at the U.S. Border Patrol checkpoint in Hudspeth County, Texas. A search revealed traces of cocaine in a potato chip bag. A straw, that could be used to snort cocaine, and $1,683.00 in currency that was tainted with cocaine residue were found in her purse. A Rolex watch was also in her possession.

The State…