Texas Supreme Court April 3, 2003, 01-0673 (State v. One Super Cherry Master Video 8-Liner MacHine)

Justice JEFFERSON

delivered the opinion of the Court.

Today, in

Hardy v. State,

102 S.W.3d 123 (Tex.2003), we held that although the State must establish probable cause before initiating a forfeiture proceeding, the person found in possession of an alleged gambling device has the burden to prove, by a preponderance of the evidence, at a show cause hearing either that the machine is not a gambling