2000 Black Ford F-150, Texas License Plate 21LKN5, VIN: 1FTRX18L6YKA80489 v. State
11-13-00353-CV
| Tex. App. | Nov 12, 2015Background
- Civil forfeiture of personal property by the State; trial court found several items contraband under Chapter 59; appellant challenges forfeiture of three items for lack of ownership/standing; evidence linked appellant to drug activity; appellant admitted past drug dealing and lack of legitimate income; court reviews legal sufficiency and factual sufficiency in light of favorable evidence; appellate presumption of trial findings when no findings filed.
- Owner claims: Ford F-150, cargo trailer, Blazer Bay boat/trailer owned by others, not Appellant; Appellant had no interest/standing.
- Evidence: Appellant admitted drug dealing history; officers testified items found at residence; notebook alleged to contain drug proceeds; no consistent employment; some testimony showed unemployment due to imprisonment.
- Standard of review: preponderance of the evidence to prove contraband; appellate review for legal and factual sufficiency; credibility and weight of witness testimony reserved to factfinder.
- Result: trial court’s contraband determinations sustained; standing barred challenge to three items; KTM dirt bike, lawn mower, and Toshiba laptop declared contraband.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standing to challenge forfeiture of three items | Mack owned the items and may challenge | Appellant had no interest/standing | Appellant lacks standing; appeal on those items dismissed |
| Sufficiency of evidence that items were contraband | Items used or intended for felony activity; strong drug-dealing history | Evidence insufficient or not substantial | Evidence legally and factually sufficient to support contraband findings for KTM bike, lawn mower, and Toshiba laptop |
Key Cases Cited
- City of Keller v. Wilson, 168 S.W.3d 802 (Tex. 2005) (standards for legal sufficiency and deference to trial court credibility)
- $162,950 in Currency of U.S. v. State, 911 S.W.2d 528 (Tex. App.—Eastland 1995) (preponderance standard and review framework in forfeiture cases)
- Cain v. Bain, 709 S.W.2d 175 (Tex. 1986) (allocation of weight to witness credibility; factual sufficiency guidance)