COURT OF APPEALS EIGHTH DISTRICT OF TEXAS EL PASO, TEXAS § THE STATE OF TEXAS, § No. 08-09-00151-CV Appellant, § Appeal from v. § Criminal District Court No. 1 NINETY THOUSAND TWO HUNDRED THIRTY-FIVE DOLLARS AND § of El Paso County, Texas NO CENTS IN UNITED STATES CURRENCY ($90,235.00) AND § (TC # 2008-2016) 2000 BLACK LINCOLN NAVIGATOR VIN 5LMPU28A7YLJ10865, § Appellee. § JUDGMENT The Court has considered this cause on the record and concludes there was error in the summary judgment. We therefore reverse the summary judgment of the court below and remand the cause for further proceedings, in accordance with this Court=s opinion. We further order that State recover from Appellee all costs of this appeal, for which let execution issue, and this decision be certified below for observance.

IT IS SO ORDERED THIS 22ND DAY OF OCTOBER, 2014.

ANN CRAWFORD McCLURE, Chief Justice Before McClure, C.J., Rivera, and Rodriguez, JJ. (Rivera, J., not participating)