Benavides v. State

OPINION

COHEN, Justice.

The issue before us is whether, in a drug forfeiture case, the statute requiring that a “time for hearing” be set within 30 days of the defendant’s answer is mandatory or directory. We hold it is directory.

On March 7, 1989, the State filed its notice of seizure and intended forfeiture, pursuant to Tex.Rev.Civ.Stat.Ann. art. 4476-15, section 5.05(a). 1 Appellant answered on May 30, 1989. On July 31, 1989, the State requested a trial setting. On August 10, 1989, the court set the trial for October 16, 1989. At trial, the State prevailed.

Appellant contends the trial court…