Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-11-00722-CV
EIGHT THOUSAND ONE HUNDRED TWENTY DOLLARS,
Appellant
v.
The STATE of Texas,
Appellee
From the 73rd Judicial District Court, Bexar County, Texas
Trial Court No. 2011-CI-10364
Honorable Michael Peden, Judge Presiding
Opinion by: Karen Angelini, Justice
Sitting: Catherine Stone, Chief Justice
Karen Angelini, Justice
Marialyn Barnard, Justice
Delivered and Filed: January 2, 2013
AFFIRMED
This appeal stems from a forfeiture proceeding concerning Charles Matt Henry’s interest
in eight thousand one hundred twenty dollars. In the underlying forfeiture proceeding, the State
filed a motion for summary judgment with supporting evidence. Henry did not file a response.
The trial court then granted summary judgment. Henry now appeals.
In his first issue, Henry argues that the officers discovered the money at issue in this case
only after unlawfully entering his motel room. Henry, however, has not preserved this complaint
for review. While Henry did file in the trial court a motion to suppress evidence and a motion to
04-11-00722-CV
dismiss for insufficient evidence, he failed to present the motion to the trial court for a ruling.
See TEX. R. APP. P. 33.1. We therefore hold that Henry failed to preserve this issue for appeal.
In his second issue, Henry complains that he was not present during the summary
judgment hearing in violation of his due process rights. The summary judgment states that Henry
appeared at the summary judgment hearing. See Ins. Co. of Pa. v. Orosco, 170 S.W.3d 129, 134
(Tex. App.—San Antonio 2005, no pet.) (explaining that an appellate court presumes the
regularity of recitals in a judgment absent controverting evidence). In its findings of fact, the trial
court found that Henry appeared by telephone at the summary judgment hearing. Henry claims
that he did not appear by telephone. However, there is nothing in the appellate record to support
his claim. We therefore overrule Henry’s second issue and affirm the judgment of the trial court.
Karen Angelini, Justice
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