Cuellar v. State

Johnson, Judge.

Martin Cuellar was indicted for possession of cocaine with intent to distribute after police discovered drugs and $101,440 in cash in his residence. The state also initiated an in rem forfeiture proceeding against the currency. By consent order, Cuellar forfeited the currency to the state. Cuellar then filed a plea of former jeopardy and motion to dismiss the indictment, contending that the judgment of forfeiture constituted punishment and invoked state and federal bars against multiple prosecutions. He appeals from the denial of his plea in bar based upon double jeopardy.

Cuella…