State v. Gambling Paraphernalia, Devices, Equipment & Proceeds, 356 S.W.3d 594

This is a civil-forfeiture case in Texas challenging forfeiture of gambling paraphernalia, devices, equipment, and proceeds seized under a search warrant.
The State seized 66 devices from Horseshoe Fun & Games in Beeville, where players used dollar-priced cards with points to play.
The trial court found the devices were not gambling devices because the replay rewards were not a 'thing of value' under Penal Code definitions.
The Temples argued the devices were for bona fide amusement and that replay did not constitute value; the State argued replay is a thing of value making the devices gambling devices.
The court admitted the warrant and found probable cause; the parties stipulated operating facts showing point-loaded play and transfer of points to player cards for later play.
On appeal the State challenged the trial court’s legal conclusion and prevailed, leading to a reversal and forfeiture judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether replay is a thing of value under Penal Code	replay is a thing of value that makes devices gambling devices	replay is not a thing of value and devices are for amusement	Yes; replay is a thing of value, so devices are gambling devices and subject to forfeiture

Hardy v. State, 102 S.W.3d 123 (Tex. 2003) (burden-shifting forfeiture framework; probable cause suffices to shift burden to claimant)
Allstar Amusement v. State, 50 S.W.3d 705 (Tex.App.-Waco 2001) (ticket/credit replay considered 'benefit' under Penal Code §1.07)
Broaddus v. State, 150 S.W.2d 247 (Tex.Crim.App.1941) (replay on a coin-operated game can be gambling device when replay is value)
In re Seizure of Gambling Proceeds and Devices, 261 S.W.3d 439 (Tex.App.-Houston [14th Dist.] 2008) (forfeiture of gambling proceeds/devices following lawful seizure)
Tex. Lottery Comm'n v. First State Bank of DeQueen, 325 S.W.3d 628 (Tex. 2010) (statutory interpretation priority to plain meaning)