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Judge denies return of two seized firearms after pretrial diversion in 2019 drug case
Summary
In case 2019CR10379, the court ordered return of $823 and three cell phones to Christopher Ryan Caballero but denied his amended motion to return two seized firearms, citing uncertainty whether a pretrial diversion constituted a "prosecution" under Article 18.19.
Judge Stephanie Boyd of the 187th District Court on the record denied an amended motion to return two firearms seized in case 2019CR10379 while ordering the return of $823 and three cell phones to defendant Christopher Ryan Caballero.
The ruling followed arguments on an amended motion for return of seized property. Defense attorney Jonathan Chavez asked the court to amend an earlier order so that the U.S. currency ($823) and three cell phones now be turned over to Caballero. Assistant prosecutor Andrew Harris did not object to turning over the cash and phones. Chavez then asked for return of…
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