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Legal Opinion

State v. $4,097 in U.S. Currency

Court of Appeals of Texas

Decided June 1, 1989No. 2-88-213-CVPublishedCited by 15 opinions

1Opinion of the Court

OPINION

MEYERS, Justice.

The question is whether the language in the Controlled Substance Act which provides a hearing on a forfeiture case shall be set within thirty days of the filing of an answer is directory or mandatory. Be*675cause we find the word “shall” is mandatory, we affirm the dismissal of the forfeiture proceeding for failure to set a hearing within the prescribed time limit.

The State of Texas seized $4097 and a 1980 GMC pickup during the drug-related arrest of Johnny A. Williams. The State filed notice of the seizure and intended forfeiture of these items in accordance with…

2Cases cited5 opinions

  1. State v. Boren, Texas Court of Appeals, 10th District (Waco)1983
  2. Ramirez v. StateCourt of Appeals of Texas · 1977
  3. Clark v. StateCourt of Appeals of Texas · 1985
  4. State v. One 1977 Oldsmobile Vin 3M57R7R108795Court of Appeals of Texas · 1985
  5. 1-1977 Oldsmobile Vin No. 3m57r7r108795 v. StateTexas Supreme Court · 1986

3Cited by15 opinions

  1. State v. $435,000.00Texas Supreme Court · 1992
  2. Lovelace v. DowneyCourt of Appeals of Texas · 1990
  3. Lopez v. State, Texas Court of Appeals, 13th District1990
  4. State v. One (1) 1986 Nissan Automobile V.I.N. JN1HZ14S1GX162301Court of Appeals of Texas · 1990
  5. State v. Rivera, Texas Court of Appeals, 13th District1990

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