$281,420.00 IN US CURRENCY v. State
| Decision Date | 01 May 2008 |
| Docket Number | No. 13-06-00158-CV.,13-06-00158-CV. |
| Parties | $281,420.00 IN U.S. CURRENCY, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Appeals |
COPYRIGHT MATERIAL OMITTED
Edward A. Mallett, Houston, for appellant.
Rene A. Guerra, Crim. Dist. Atty., Timothy Davis, Hidalgo County Dist. Atty's Office, Edinburg, for appellee.
Before Chief Justice VALDEZ and Justices GARZA and VELA.
This appeal arises from a forfeiture proceeding involving $281,420.00 in United States currency.1 See TEX.CODE CRIM. PROC. ANN. arts. 59.01(2)(A), (B), 59.02(a) (Vernon 2006). By four issues, appellant, Gregorio Huerta, contends the trial court erred in (1) denying his no-evidence motion for summary judgment, (2) granting the State's motion for judgment notwithstanding the verdict, (3) denying his motion to disregard the jury answer to question number 3, and (4) entering a judgment providing that he recover nothing. We reverse and render judgment in favor of appellant.
Huerta testified that he owns a wrecker service in Edinburg, Texas, known as "Greg's Towing." He has been in the wrecker service business since November of 1998. He owns and operates one large wrecker and specializes in towing heavy equipment such as tractor trailers and oversized equipment. On the evening of May 25, 2002, while at the Edinburg race track with his wrecker, Huerta was approached by Johnny Mercado.2 Mercado asked Huerta if he provided out-of-town towing services, and Huerta responded that he did. Mercado subsequently hired Huerta to transport a 1992 Freightliner tractor from Alvin, Texas, near Houston, to Mercedes, Texas, for an estimated charge of $2,826.00.3
Huerta testified that he left to Alvin to retrieve the Freightliner at about 1:30 a.m. that same evening. He arrived in Houston at about 7:30 or 8:00 a.m. on May 26 and proceeded to the residence in Alvin to pick up the Freightliner. Huerta did not make contact with anyone at the residence; instead, he just "hooked up the truck," which had the keys in the ignition, and proceeded to tow it to the Valley.4 Huerta arrived back in the Valley between 3:30 and 5:00 p.m. Huerta testified that he called Mercado and informed him that he was back at his office in Edinburg and that he asked Mercado to come by and pay him for the towing services.5 Mercado told Huerta that he would be there in thirty minutes; however, thirty minutes elapsed and Mercado did not show up. Huerta "called Mercado again to notify Mercado that he wasn't going to be there that day, that he had to go have dinner."
Huerta testified that he called Department of Public Safety ("DPS") Trooper Cesar Torres because Mercado never went to his office to pay him and because he began to suspect the Freightliner was stolen.6 According to Huerta, Torres was supposed to go to Huerta's office and identify the Freightliner to determine if it was stolen. However, Mercado showed up and paid Huerta for the towing services before Torres arrived. Huerta then called Torres to inform him that Mercado had shown up to pay for the services and he told Torres to "disregard." Huerta claimed that Torres responded that he still wanted to look at the Freightliner, so, he and Torres entered into a plan whereby Huerta would speed while en route to Mercedes in order to give Torres probable cause to stop him.
Huerta explained that he was supposed to follow Mercado from his office to the location where he was to deliver the Freightliner. However, because of his plan with Torres, Huerta did not follow Mercado. Instead, Huerta passed Mercado's vehicle and proceeded with the plan to speed. Torres subsequently pulled Huerta over in San Juan, Texas.7 Mercado did not stop but instead "circled around there two or three times." Huerta told Torres that Mercado was driving around and asked if Torres wanted to talk to Mercado. Torres told Huerta that he did not need to talk to Mercado. Huerta subsequently gave Torres verbal and written consent to search the Freightliner and even participated in searching the Freightliner himself. Nothing was found in the Freightliner during the roadside search in San Juan. Torres then asked Huerta to tow the Freightliner to the United States Customs point of entry at the International Bridge in Hidalgo, Texas. Huerta agreed to do so.
Once they arrived at customs, the Freightliner was x-rayed but nothing suspicious was discovered. Federal and State officers and drug detection dogs inspected the Freightliner, and again, nothing unusual was discovered. At this point, Huerta was free to leave. Subsequently, Huerta removed the oil plug from the bottom of the Freightliner's axle. Huerta stuck his finger in the opening and felt plastic. Huerta told the officers, "there is something in here." Huerta, using his own tools, proceeded to open the hub compartment where he discovered "little bundles wrapped in gray duct tape." Huerta took the packages out and started "pitching the packages to some of the Customs Agents." Huerta cut open the packages and discovered that they contained United States currency. After the currency was found, Torres instructed Huerta to follow him to the McAllen Highway Patrol Office to deliver the Freightliner and so that the currency could be counted in front of Huerta. The currency amounted to a total of $281,420. Huerta subsequently relinquished custody of the Freightliner and the currency to the Highway Patrol when he left it at the Department of Public Safety on May 25, 2002.
Huerta further testified that after relinquishing custody of the currency and the Freightliner, he called Mercado, leaving him a message that the Freightliner was left at the Department of Public Safety. In his message, Huerta also noted that currency was found in the Freightliner and that Mercado should call him or the Highway Patrol with any questions. Huerta denied ever hearing back from Mercado or Jesus Rebolledo Pulido, the registered owner of the Freightliner, regarding the Freightliner or the currency. Huerta also noted the following:
Huerta reasoned that because he was the person who found the currency and because he was the last person in possession of the currency prior to seizure, he is entitled to the currency.
Trooper Torres testified that the only time he had met Huerta, prior to this incident, was when he pulled Huerta and his girlfriend over for driving in excess of 100 miles per hour on State Highway 281 in a Lamborghini. Torres further testified that Huerta had requested assistance from Trooper Lopez on the evening of May 25, 2002, but since Trooper Lopez was not at the station at that time, Torres took the phone call. Torres noted that Huerta "seemed to be nervous that there were some male subjects there at his residence." Torres corroborated Huerta's testimony as to the plan for Huerta to speed in order to give Torres probable cause to stop and search the Freightliner for contraband. Torres noted that while he was conducting the search, a car carrying the owner of the Freightliner, Mercado, turned around and drove by the scene very slowly, which made him suspicious of the circumstances.
In the course of his investigation, Torres inquired about how much Huerta was being paid to tow the Freightliner. Torres initially testified that Huerta was paid $1,800 for the towing job, but after the State introduced Huerta's bill into evidence, Torres testified that Huerta was paid $2,800 for the job. After Torres's inquiry about Huerta's bill, Torres secured Huerta's written consent to search the Freightliner. Once he obtained Huerta's consent, Torres conducted a thorough investigation of the Freightliner, yet found nothing.8 Torres claims he then secured Huerta's consent for the Freightliner to be x-rayed and subjected to a K-9 search for drugs at the United States Customs port of entry at the International Bridge in Hidalgo.
While at United States Customs, x-rays of the Freightliner were conducted. Torres testified that the x-rays revealed that the two axles in the rear and the engine compartment were dark and inconclusive. The Freightliner was further subjected to a K-9 search for contraband and a search of the engine compartment and the rear axles by various troopers. No drugs were found as a result of the searches. Torres stated that he was present at the scene when the currency was found, but did not personally observe Huerta finding the currency.9 Torres stated that at least ten officers and troopers participated in the search of the Freightliner.10 Torres also established that Huerta assisted in the search of the Freightliner, but noted that he was unsure if Huerta was the one who found the currency.
Torres testified that the currency was contained in twenty or thirty bundles wrapped with electrical tape. Torres further testified that once the bundles were removed from the axle, the troopers proceeded to cut the...
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- Contreras v. State
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State v. $281,420.00
...court's judgment, holding that the currency had not been shown to be contraband and that Huerta was entitled to the entire $281,420. 312 S.W.3d 586. The State no longer contests the court of appeals' determination that the currency was not contraband, leaving us to decide whether Huerta est......