Texas Department of Public Safety v. Gerardo Palacios ( 2014 )

Fourth Court of Appeals San Antonio, Texas MEMORANDUM OPINION No. 04-13-00865-CV TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant v. Gerardo PALACIOS, Appellee From the County Court at Law No. 2, Webb County, Texas Trial Court No. 2013CVK000561C3 Honorable Jesus Garza, Judge Presiding PER CURIAM Sitting: Catherine M. Stone, Chief Justice Karen Angelini, Justice Luz Elena D. Chapa, Justice Delivered and Filed: February 5, 2014 JOINT MOTION TO AFFIRM IN PART AND REVERSE AND RENDER IN PART GRANTED; AFFIRMED IN PART; REVERSED AND RENDERED IN PART The trial court found Gerardo Palacios was entitled to expunction, pursuant to article 55.01(a)(2) of the Texas Code of Criminal Procedure, of all records and files relating to three separate arrests. On July 2, 2013, the trial court granted Palacios’s petition for expunction and signed an Order of Expunction pursuant to article 55.02 of the Texas Code of Criminal Procedure. The Texas Department of Public Safety appealed the trial court’s order. The parties have filed a joint motion, advising this court they have reached an agreement resolving all issues in the appeal. Specifically, the parties agree that Palacios is not entitled to 04-13-00865-CV expunction of any records and files relating to his arrest on April 8, 2007, by the Laredo Police Department for the offense of Assault, Terroristic Threat, and Violation of Protective Order committed on or about that date. The parties also agree that the trial court’s order as it relates to Palacios’s arrest on April 8, 2007 should be reversed and judgment rendered denying the petition for expunction. The parties further agree that the remainder of the trial court’s July 2, 2013 Order of Expunction should be affirmed. And lastly, the parties agree that each party will pay its own costs of this appeal. We grant the joint motion. See TEX. R. APP. P. 42.1(a)(2)(A). With respect to the following arrest and charged offense, we reverse the Order of Expunction and render judgment denying the petition for expunction: ALLEGED OFFENSE: Assault, Terroristic Threat, Violation of Protective Order DATE OF ALLEGED OFFENSE: 04/08/2007 DATE OF ARREST: 04/08/2007 COUNTY WHERE ARRESTED: Webb ARRESTING AGENCY: Laredo Police Department In all other respects, we affirm the trial court’s order. PER CURIAM -2-