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
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