Date: 01-21-2015

Case Style: Ex Parte Mark Villarreal

Case Number: 04-14-00510-CV

Judge: Per Curiam

Court: Texas Court of Appeals, Fourth District on appeal from the 150th Judicial District Court, Bexar County, Texas

Plaintiff's Attorney: Adam Kobs

Defendant's Attorney: Jeanine Hudson and D. Kaylyn Betts

Description: Mark Villarreal appeals the trial court’s order denying his petition for expunction. Currently before us is a joint motion filed by Villarreal and the Texas Department of Public Safety requesting that we (1) affirm the trial court’s judgment as it pertains to the arrest on October 6, 2007 for Possession of Marijuana; (2) reverse the portion of the judgment denying an expunction of the arrest on August 7, 2008 for Theft of Property; and (3) render judgment granting an expunction of the August 7, 2008 arrest records. We do not have the authority to make the requested findings in this matter. See Tex. Dep’t of Pub. Safety v. Trautmann, No. 04-96-00786, 1996 WL 721950, at *1 (Tex. App.—San Antonio Dec. 11, 1996, no writ) (not designated for publication). Accordingly, we grant the motion in part, affirm the order denying the petition for expunction as it pertains to the October 6, 2007 arrest, reverse the order of expunction as it relates
to the August 7, 2008 arrest, and remand the case to the trial court for further proceedings. See TEX. R. APP. P. 42.1(a)(2)(B), 43.2(d). Costs of the appeal are taxed against Villarreal. See TEX. R. APP. P. 42.1(d) (“Absent agreement of the parties, the court will tax costs against the appellant.”).

Outcome: Affirmed

Plaintiff's Experts:

Defendant's Experts:

Comments: