1998 Black Mitsubishi 3000 GT, Texas LP 811PKJ, VIN JA3AM44H9WY001446 v. State
11-13-00350-CV
| Tex. App. | Nov 12, 2015Background
- The State brought a civil forfeiture action under Texas Code of Criminal Procedure Chapter 59 to forfeit 23 items seized from Jimmy Wayne Mack’s residence.
- Trial court found 17 of the items (including three vehicles, multiple laptops, phones, binoculars, night vision scope, electronics, and solar panels/money counter/sound system) to be contraband and ordered forfeiture; four game cameras were not found contraband.
- On appeal Mack abandoned his challenge to forfeiture of the 1998 Mitsubishi automobile.
- Evidence at trial: Mack admitted dealing drugs from 2006–2012 and had pleaded guilty in federal court to conspiracy to distribute controlled substances; law enforcement found a notebook documenting approx. $95,000 in methamphetamine sales; officers testified items were seized from his home and were either used in or proceeds of felony drug activity.
- The State bore the burden to prove by a preponderance that the property had a substantial nexus to controlled-substance felonies; findings of fact were not filed, so appellate court presumed necessary findings supporting the judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legal sufficiency whether seized items were contraband | Mack: insufficient evidence to show items were used in or derived from drug felonies | State: admissions, federal conviction, sales notebook, and officers’ testimony establish nexus | Court: evidence legally sufficient; overrules challenge |
| Factual sufficiency whether evidence so weighs against forfeiture | Mack: alternative explanations for income (car flipping, gambling, game rooms) undermined nexus | State: no regular legitimate income shown; notebook and conviction weigh heavily | Court: evidence factually sufficient; not against overwhelming weight |
| Burden of proof standard in Chapter 59 forfeiture | Mack: contested that State did not meet preponderance standard | State: proved nexus by preponderance via circumstantial and direct evidence | Court: applied preponderance standard and found State met it |
| Effect of absence of findings of fact | Mack: argued lack of findings impairs review | State: appellate presumption supplies necessary findings | Court: presumes trial court made necessary findings and affirms |
Key Cases Cited
- $162,950 in Currency of U.S. v. State, 911 S.W.2d 528 (Tex. App.—Eastland 1995) (where no findings filed, appellate court may presume necessary findings; State need not prove a specific crime for forfeiture)
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standards for reviewing legal sufficiency of evidence and evaluating factfinder inferences)
- Cain v. Bain, 709 S.W.2d 175 (Tex. 1986) (standard for reviewing factual sufficiency challenges)