Legal Opinion
Doan Phi Nguyen v. State
Court of Appeals of Texas
Decided June 6, 1996No. 01-95-00973-CRPublishedCited by 1 opinion
1Opinion of the Court
OPINION
ANDELL, Justice.
In this appeal, we are asked to decide whether a default judgment resulting in civil forfeiture of a car belonging to appellant, Doan Phi Nguyen, was punishment invoking double jeopardy protection. We withdraw our order of April 11, 1996, abating the appeal. We reverse and remand to permit the State to provide an accounting of its costs to determine if the forfeiture was disproportionate.
Facts
On December 19, 1994, appellant was arrested and charged with delivery of 400 grams of cocaine.2 At the time the officers arrested appellant, they seized his car, a 1991 Honda…
2Cases cited11 opinions
- Blockburger v. United StatesSupreme Court of the United States · 1931
- United States v. HalperSupreme Court of the United States · 1989
- Austin v. United StatesSupreme Court of the United States · 1993
- Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
- United States v. Renato TorresCourt of Appeals for the Seventh Circuit · 1994
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3Cited by1 opinion
- Ex parte NguyenCourt of Criminal Appeals of Texas · 1996