Gaston v. State

JUNELL, Justice.

Appellants William Robert and W.R. Ga-ston appeal from a judgment ordering forfeiture of a 1977 Toyota seized under the Texas Controlled Substances Act, Tex.Rev. Civ.Stat.Ann. art. 4476-15. The controlling issue in this case is whether the State’s burden of proving that a vehicle is subject to forfeiture pursuant to the Texas Controlled Substances Act includes proving knowledge or consent by the owner of the vehicle. We also must decide (1) whether a party's bare assertion of ownership of a vehicle, establishes true ownership in one other than the record owner and (2) whether…