State v. 1985 Chevy Pu

OPINION

MEYERS, Justice.

Because our prior ruling in State v. $4097 in U.S. Currency, 773 S.W.2d 674 (Tex.App.—Fort Worth 1989, writ denied), has effectively rendered the forfeiture provision of the Controlled Substances Act unconstitutional, we overrule our holding in $4097 and now hold that the language of the statute requiring the case be set for trial within thirty days of the defendant’s answer is directory instead of mandatory.

The facts of this case are not in dispute. The State brings one point of error complaining, basically, that our prior decision in $4097 was incorrect and asks us to…