Bradley D. Martin v. The State of Texas--Appeal from County Court of Bosque County

IN THE

TENTH COURT OF APPEALS

No. 10-93-082-CR

BRADLEY D. MARTIN,

Appellant

v.

THE STATE OF TEXAS,

Appellee

From the County Court

Bosque County, Texas

Trial Court # 11,407

MEMORANDUM OPINION

This is an attempted appeal from an order of forfeiture signed on May 26, 1993.

A notice of appeal and a motion for a new trial were filed on June 23, 1993. The notice was sent to this court and the case was docketed as a criminal case.

After we received and reviewed the transcript and statement of facts, we determined that the appeal may have not been properly perfected. We notified Martin to either file a cost bond timely or advise the court why the notice of appeal would be sufficient to perfect the appeal.

A statutory proceeding for forfeiture of personal property, though arising from an action originally criminal in nature, is one in rem and is a proceeding of a civil nature; thus, the rules of civil procedure apply. State v. Rumfolo, 545 S.W.2d 752, 754 (Tex. 1976); Fleming v. State, 704 S.W.2d 530, 531 (Tex. App. Houston [14th Dist.] 1986, writ ref'd n.r.e.).

Because a motion for a new trial was filed, this civil appeal may be perfected by filing an appeal bond by August 24, 1993. If an appeal bond is filed, the case will be docketed as a civil proceeding in this court.

Martin filed a motion to extend the time to file the record and a motion to suspend the time to file the appeal bond. Because of our disposition of this attempted appeal, both motions are denied.

The criminal appeal is dismissed.

PER CURIAM

Before Chief Justice Thomas,

Justice Cummings, and

Justice Vance

Dismissed

Opinion delivered and filed August 18, 1993

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