Fourth Court of Appeals
San Antonio, Texas
MEMORANDUM OPINION
No. 04-14-00510-CV
EX PARTE Mark VILLARREAL
From the 150th Judicial District Court, Bexar County, Texas
Trial Court No. 2014-CI-04491
Honorable Michael E. Mery, Judge Presiding
PER CURIAM
Sitting: Rebeca C. Martinez, Justice
Patricia O. Alvarez, Justice
Luz Elena D. Chapa, Justice
Delivered and Filed: January 21, 2015
AFFIRMED IN PART; REVERSED AND REMANDED IN PART
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
04-14-00510-CV
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.”).
PER CURIAM
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