Fifty-Six Thousand, Seven Hundred Dollars in United States Currency v. State

I respectfully dissent. The State has failed in several ways to meet its burden to sustain a judgment of forfeiture under the Controlled Substances Act, Tex.Rev.Civ.StatAnn. art. 4476-15 (Vernon Supp.1986), hereinafter the “Act.”

I would sustain Appellant’s Points of Error Nos. One, Two and Three; the State has not proved by a preponderance of the evidence that it is entitled to a judgment of forfeiture. Secondly, the Act specifies certain crimes for which forfeiture may occur and the evidence does not connect the currency with any such proscribed penal offense. In fact, it cannot in this…