Appellant contends the circuit court erred in upholding the magistrate's Order of Destruction when the State was unable to prove that six of the seven machines had an illegal game installed that could actually be played at the time of the post-seizure hearing. We disagree.

The State presented evidence that although no illegal game could be played on six of the seven machines at the time of the hearing, the hard drive of each machine had an administrative record reflecting that the illegal game(s) on the machine had been played multiple times. Expert testimony established that the seized machines had been altered post-manufacture so that an individual possessing a receiver, magnet, or other device could delete the game from the machines 'play list' while leaving the administrative record. A video introduced at the post-seizure hearing[2] showed the CI playing an illegal game on one of the machines during the State's undercover operation.

Section 12-21-2710 makes it unlawful to possess illegal gambling machines, even if they are not fully operational. The mere possession of the gambling devices, or even their component parts, is unlawful. State v. 192 Coin-Operated Video Game Machines, supra. Moreover, testimony from the CI, the video showing illegal games being played on one of the machines, evidence that illegal games were installed on the machines, and evidence that the machines had been altered to allow the "quick" deletion of games is sufficient to uphold the lower courts' findings that the machines are illegal gambling devices under 12-21-2710. Moreover, appellant misstates the burden of proof at the post-seizure hearing, which rests upon him to show why the machines should not be forfeited and destroyed, and not with the State to prove the machines are operable. State v. 192 Coin-Operated Video Game Machines, supra. Appellant is simply in error in arguing that the State must be able to play the illegal game at the post-seizure hearing.

II.  Identification

The CI testified that she was given $40 before entering the Union business. She inserted the two twenties into one of the machines and then played the same game several times. She later told the cashier that she was finished playing, and based upon the number of free plays remaining on the machine, he gave her $15 from the business's till. At the hearing, the CI could not identify which machine she had played, but a SLED agent testified that the $40, which had been marked before being given to the CI, was found in one of the machines. The SLED agent could not identify from which machine the marked money was recovered.

Appellant contends that the State failed in its burden of proof because the CI was unable to identify on which of the seven machines seized she had actually played the illegal game. Appellant misunderstands the burden of proof at this post-seizure hearing, which rests solely on the owner of the seized machines to show why the machines should not be forfeited and destroyed. State v. 192 Coin Operated Video Game Machines, supra. There is evidence in the record to support the factual findings that all seven machines are illegal gambling devices.

CONCLUSION

The circuit court order affirming the magistrate's order is

AFFIRMED.

TOAL, C.J., PLEICONES, BEATTY, HEARN, JJ., and Acting Justice Alexander S. Macaulay, concur.

[1] Since this forfeiture action is in rem, the proper defendants are only the seven seized machines which are the subject of the Order of Destruction.

[2] Appellant opted not to provide the video to this Court. It is not clear whether the video was before the circuit court. In addition, the State had eight photos that apparently were introduced at the Post-Seizure Hearing, none of which were provided to the Court.