BENAVIDES v. STATE

No. 01-89-01225-CV.

804 S.W.2d 193 (1991)

Maria Dalia BENAVIDES, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing Overruled February 7, 1991.


Attorney(s) appearing for the Case

Frank Alvarez, Houston, for appellant.

John B. Holmes, Harris County Dist. Atty., Don Clemmer, Asst. Dist. Atty., for appellee.

Before DUGGAN, COHEN and DYESS, JJ.


OPINION

COHEN, Justice.

The issue before us is whether, in a drug forfeiture case, the statute requiring that a "time for hearing" be set within 30 days of the defendant's answer is mandatory or directory. We hold it is directory.

On March 7, 1989, the State filed its notice of seizure and intended forfeiture, pursuant to Tex.Rev.Civ.Stat.Ann. art. 4476-15, section 5.05(a).1 Appellant answered on May 30, 1989. On July...

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