Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Texas Department of Public Safety v. J.G.K.

Court of Appeals of Texas, Ninth District, Beaumont

May 23, 2019

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant
v.
J.G.K., Appellee

          Submitted on March 26, 2019

          On Appeal from the 1A District Court Tyler County, Texas Trial Cause No. A-18, 571

          Before McKeithen, C.J., Horton and Johnson, JJ.

          MEMORANDUM OPINION

          STEVE McKEITHEN CHIEF JUSTICE.

         In four issues, appellant Texas Department of Public Safety ("DPS") challenges the trial court's order expunging J.G.K.'s record. We affirm the trial court's expunction order as modified.

         J.G.K. was charged with criminally negligent homicide. At the plea hearing, before J.G.K. entered his plea of guilty, the following colloquy occurred:

[Defense counsel]: Judge, if I may just make one statement for the record just to [make] the Court aware of what we're planning to do eventually with this case; and I have discussed it with the DA's office. Typically in a deferred case you're not able to seek an expunction. However, there is a statute that allows that to happen with the discretion of the district attorney's office. That has been discussed as part of the plea bargain process in this case.
THE COURT: Okay.
[Defense counsel]: And at this time . . . it's my understanding that I don't think the DA is going to object . . . if we do file that petition after this case is dismissed.
THE COURT: Okay.
[The prosecutor]: If at the time he's eligible and that's the law, then I'll follow the law, Your Honor.
THE COURT: Well, . . . apparently it's a discretionary thing on your part, according to what [defense counsel] is saying.
[The prosecutor]: That's correct, but I can't say yea or na[y] until I see how he does on probation.
THE COURT: Right. Okay. But assuming that he does it, completes it . . . you're ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.