Court of Appeals of Texas, Seventh District, Amarillo
Appeal from the 364th District Court Lubbock County, Texas
Trial Court No. 2016-523-660, Honorable William R. Eichman
CAMPBELL and PIRTLE and PARKER, JJ.
T. CAMPBELL JUSTICE.
a prison inmate appearing pro se, filed a petition for
expunction of records pursuant to Chapter 55 of the Texas
Code of Criminal Procedure. The Texas Department of Public
Safety filed a general denial answer, and the State also
appeared in opposition to the petition. The hearing on
J.D.F.'s petition was accomplished through two brief
trial-court settings. J.D.F., due to his incarceration,
appeared by telephone while the State's attorney appeared
in person. Presentation at the two settings was only by the
arguments of the parties setting out their respective
positions for the court. No evidence was admitted. At
J.D.F.'s request, without objection, the court took
judicial notice of the following facts:
An indictment, charging J.D.F., was presented on July 12,
2011, and was file marked the following day, July 13, 2011.
Count I of the indictment alleged J.D.F. committed the
offense of sexual performance of a child on or about April
Count II of the indictment alleged compelling
prostitution on or about April 22, 2010.
Count III of the indictment alleged aggravated promotion of
prostitution on or about July 1, 2010.
On December 13, 2012, J.D.F. was convicted of the offense of
aggravated promotion of prostitution in cause number
Two counts in the indictment, apparently sexual performance
of a child and compelling prostitution, were dismissed on
December 13, 2012.
days after the hearing concluded the trial court signed a
written order stating, "the requested relief is
Issue: Expunction Under Article 55.01(a)(2)(A)(ii)(c)
argues by his first issue that he "was deprived his
right to expunction when the court neglected to follow the
source of right pursuant to [article]
55.01(a)(2)(A)(ii)."Specifically, J.D.F. argues the charges
of child sexual performance and compelling prostitution were
dismissed on December 13, 2012, because their presentment was
made due to mistake and false information indicating a lack
of probable cause. See Tex. Code Crim. Proc. Ann.