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.

Ex parte N.T.L.

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

August 27, 2019

EX PARTE N.T.L.

          On appeal from the 135th District Court of Victoria County, Texas.

          Before Justices Benavides, Hinojosa, and Perkes

          MEMORANDUM OPINION

          GINA M. BENAVIDES, JUSTICE

         By four issues, which we address as three, appellant, the Texas Department of Public Safety (the Department), appeals an order expunging all files and records relating to appellee N.T.L.'s offense of assault causing bodily injury, a class A misdemeanor. See Tex. Penal Code Ann. § 22.01. The Department argues that: (1) N.T.L. is not entitled to expunction because he served a term of community supervision arising out of the arrest; (2) the trial court's order of expunction is not supported by legally sufficient evidence; and (3) the lack of a transcript could warrant a new trial. We reverse and render judgment denying N.T.L.'s petition for expunction.

         I. Background

         N.T.L. was arrested for two counts of assault causing bodily injury occurring on October 24, 2014, where he assaulted two females in an apartment parking lot. See id. Both charges arose out of the same criminal episode and arrest. On August 23, 2016, he pleaded guilty to one count of assault and was ordered to serve eighteen months of deferred adjudication probation. Pursuant to the plea agreement and on the complainant's request to dismiss the charge, his second count of assault was dismissed. See id.

         On October 30, 2018, N.T.L. filed his motion to expunge the assault case that was dismissed stating that:

1. Petitioner has been released and the charge has not resulted in a final conviction and is no longer pending and there was no court-ordered community supervision under Chapter 42A for the offense; and
2. Prosecution of the Petitioner for the offense for which he was arrested is no longer possible because the limitations period has expired.

         The Department filed its original answer and general denial, in which it stated that N.T.L.

         was not entitled to an expunction because he had served court-ordered community supervision as a "consequence of this arrest" and therefore, does not qualify for an expunction. N.T.L. filed a response to the Department's answer and general denial. On November 28, 2018, the trial court held a hearing on the motion to expunge and granted N.T.L.'s motion for expunction stating that N.T.L. had "been released and the charge has not resulted in a final conviction and is no longer pending and there was no court-ordered community supervision under Chapter 42A for the offense" and that "prosecution of the Petitioner for the offense for which he was arrested is no longer possible because the limitations period has expired."[1] The Department filed a motion for new trial on the same day, and the trial court set the hearing for submission. On December 17, 2018, the trial court denied the Department's motion for new trial. This appeal followed.

         II. Expunction

         By its first two issues, the Department argues that N.T.L. was not entitled to an expunction. It alleges that N.T.L. served a term of community supervision from a charge arising out of the same criminal episode and arrest.

         A.Standard of ...


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.