State v. Seventeen Thousand and No/100 Dollars US Currency

OPINION

HINOJOSA, Justice.

The State of Texas and Kleberg County Sheriff Adan Munoz, Jr., appeal by two points of error from a summary judgment that the State take nothing in a forfeiture proceeding brought against $17,000 in U.S. currency seized and sought to be forfeited under the authority of the Texas Controlled Substances Act, 1 and that Sheriff Munoz return the money to Santiago Cantu, the real party in interest. We reverse and remand.

By its first point of error the State complains that the trial court erred in granting summary judgment because, among other things, the State had no burden…