Legal Opinion
State v. Lara
Texas Court of Appeals, 13th District
Decided May 16, 1996No. 13-94-454-CRPublishedCited by 44 opinions
1Opinion of the Court
OPINION
JOHN F. ONION1, Assigned Justice.
The State appeals from the trial court’s order granting appellee’s “Motion To Dismiss On Double Jeopardy Grounds” whose prayer requested a dismissal of “this action.” See Tex.Code CRIM.PROC.Ann. art. 44.01(a)(1), (4) (Vernon Supp.1996).
The State’s sole point of error contends that the trial court erred in granting the motion because the prior civil forfeiture of property lawsuit2 which ended in a judgment favorable to the State did not constitute punishment for the purposes of double jeopardy.
Background
On December 8, 1993, appellee was indicted in Cause…
2Cases cited40 opinions
- Benton v. MarylandSupreme Court of the United States · 1969
- Abney v. United StatesSupreme Court of the United States · 1977
- United States v. HalperSupreme Court of the United States · 1989
- Austin v. United StatesSupreme Court of the United States · 1993
- Department of Revenue of Mont. v. Kurth RanchSupreme Court of the United States · 1994
35 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Rodriguez v. State, Texas Court of Appeals, 3rd District (Austin)1997
- Sanchez v. State, Texas Court of Appeals, 4th District (San Antonio)2005
- Gonzalez v. State, Texas Court of Appeals, 4th District (San Antonio)1997
- Hammock v. State, Texas Court of Appeals, 6th District (Texarkana)2006
- Ex Parte Gutierrez, Texas Court of Appeals, 4th District (San Antonio)1998
39 more not listed; retrieve them via the Exa API.