Ex Parte Juan Jose Garcia

^H^CLERK'S record
VOLUME 1 OF 1

Trial Court No. 8,044

Transcript from the 49TH District Court of ZAPATA County, Texas

Hon. JOSE A. LOPEZ Judge

EX PARTE:

JUAN JOSE GARCIA

Appealed to the Supreme Count of Texas at Austin, Texas, or Court of Criminal Appeals of Texas
at Austin, Texas, or the Court of Appeals for the 4th District ofTexas, at San Antonio, Texas.
Attorney for Appellant name: D.KAYLYN BETTS
Address: P.O. BOX 4143 AUSTIN, TEXAS 78765-4143
Telephone No. 512-424-5836
Fax No. 512-424-5666
SBOT # 24064894
Attorney for: TEXAS DEPARTMENT OF PUBLIC SAFETY

Delivered to the Supreme Count of Texas at Austin, Texas, or Court of Criminal Appeals of Texas
at Austin, Texas, or the Court of Appeals for the 4th District ofTexas, at San Antonio, Texas
On the 5

Signature of Clerk-:
Name of Clerk Sylvia V. Santos
Title: Chief Deputy

Appellate Court Cause No.
Filed in the Supreme Count of Texas at Austin, Texas, or Court of Criminal Appeals of Texas at
Austin, Texas, or the Court ofAppeals for the 4th District of Texas, at San Antonio, Texas on the
day of ,20

Signature of Clerk

By Deputy
I
 CAPTION

THE STATE OF TEXAS:

COUNTY OF ZAPATA:

In the 49TH District Court of ZAPATA County, Texas the

Honorable JOSE A.LOPEZ Judge Presiding, the

following proceedings were held and the following instruments and

other papers attached were file in this cause, to-wit:

TRIAL COURT NO. 8,044

EX PARTE

JUAN JOSE GARCIA

00000
 CAUSE NO. 8,044

EX PARTE: )( In The District Court
JUAN JOSE GARCIA

)( 49th Judicial District

)( Zapata County, Texas

TRANSCRIPT

1.CAPTION 001

2.INDEX 002-004

3.VERIFIED PETITION FOR EXPUNCTION OF RECORDS 005-013

4.AMENDED VERIFIED PETITION FOR EXPUNCTION OF
RECORDS 014-020

5.ISSUED CITATION BY MAILING TO TEXAS DEPARTMENT
OF TEXAS 021-

6.ISSUED CITATION BY MAILING TO JAIL/SHERIFF'S
DEPARTMENT OF ZAPATA COUNTY -LISA MARTINEZ 022-

000002
7.ISSUED CITATION BY MAILING TO FEDERAL BUREAU
OF INVESTIGATIONS, LAREDO DIVISION 023-

8.ISSUED CITATION TO CLERKS OF THE DISTRICT COURT
DORA RAMOS 024-

9.ISSUED CITATION TO DISTRICT ATTORNEY, HON. ISIDRO
ALANIZ 025-

10.ISSUED CITATION TO COUNTY CLERK OF ZAPATA
COUNTY CLERK AT LAW 026-

11.ISSUED CITATION TO COUNTY ATTORNEY OF ZAPATA
COUNTY HON. ALFONSO FIGUEROA 027-

12.RETURN RECEIPT, COUNTY CLERK ,10-16-12 028-

13 .RETURN RECEIPT, DISTRICT CLERK, 10-16-12 029-

14.RETURN RECEIPT, JAIL SHERIFFS DEPT., 10-19-12 030-

15.RETURN RECEIPT, DISTRICT ATTORNEY, ISIDRO ALANIZ
10-18-12 031-

16.RETURN RECEIPT, TEXAS DEPARTMENT OF PUBLIC
SAFETY, 10-19-12 032-

17.RETURN RECEIPT, FEDERAL BUREAU OF INVESTIGATIONS
LAREDO DIVISION 033-

18.RETURNED UNCLAIMED, RETURN RECEIPT, COUNTY
ATTORNEY ALFONSO FIGUEROA 034-

19.SEARCH RESULTS, ZAPATA COUNTY CLERK 035-

20.ORIGINAL ANSWER FOR RESPONDENT TEXAS DEPARTMENT
OF PUBLIC SAFETY 036-038

21 .MOTION FOR CONTINUANCE 039-042

000003
22.0RDER OF DISMISSAL SIGNED BY JUDGE JOSE A. LOPEZ
ON 1-6-14 043-

23.ORDER GRANTING AGREED MOTION TO REINSTATE CASE
ON THE COURT'S DOCKET 044-

24.0RDER ON AMENDED VERIFIED PETITION FOR
EXPUNCTION OF RECORDS 045-050

25.TEXAS DEPARTMENT OF PUBLIC SAFETY'S NOTICE OF
RESTRICTED APPEAL 051-053

26.DESIGNATION OF CLERK'S RECORD 054-062

27.DOCKET SHEET 063-066

28.CERTIFICATION 067-

00000H
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•-: '•••••:• •• . :,..l..i\t\ I

EX PARTE 20IZ_JUN|C| P J 03 § IN THE DISTRICT COURT

1k?&t\f^\' Y* 'EX AS § ' JUDICIAL DISTRICT
BY_..iL-Z.....DLp[iry §
JUAN JOSE GARCIA § ZAPATA COUNTY, TEXAS
VERIFIED PETITION FOR EXPUNCTION OF RECORDS

TO THE HONORABLE .JUDGE OF SAID COURT:

NOW COMES, JUAN JOSE GARCIA, Petitioner, and moves the Court to order

expunctionofall criminalrecordsand filespertaining to thearrestofPetitionerdescribedbelow, and
would respectfully show as follows:

1. The following information regarding Petitioner isincluded pursuant loSection 2(b)
of Article 55.02, Texas Code of Criminal Procedure:

NAME: JUAN JOSE GARCIA
SEX: MALE
RACE: HISPANIC
DATE OF BIRTH: OCTOBER 23,1973
DRIVER'S LICENSE NO.: TX 03057203
SOCIAL SECURITY NO.: XXX-XX-XXXX
ADDRESS AT TIME OF ARREST: 1101DELMAR ST. ZAPATA, TX. 78076

2. JUAN JOSE GARCIA was charged the following offense, regarding which the
following information is provided in accordance with said Section 2(b) of saidArticle 55,02:
ALLEGED OFFENSE: AGGRAVATED SEXUAL ASSAULT
DATE OF ALLEGED OFFENSE: APRIL 16,2002
DATE OF ARREST: APRIL 16,2002
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERDJF'S OFFICE

ALLEGED OFFENSE: ATTEMPTED MURDER
DATE OF ALLEGED OFFENSE: JULY 10,1994
DATE OF ARREST: JULY 10,1994
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

3. Petitioner is entitledto an expunction of all records and Hies relating to saidalleged
offenses of (A) AGGRAVATED SEXUAL ASSAULT, (B) ATTEMPTED MURDER under *
000005
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* <•
Article 55.01(a)(2) of the Texas Code of Criminal Procedure, Petitioner further states that he has
been released, that the charge has not resulted ina final conviction and isno longerpending, and that
there was no court-ordered probation underArticle 42.12 ofthe Texas Code ofCriminal Procedure
nora conditional discharge under Section 481.109 of the Texas Health and Safety Code.
4. Petitioner has not been convicted of a felony in the five years preceding the date of
said arrest.

5. Petitioner hasreason to believe thatthefollowing lawenforcement agencies, jailsor
other detentionfacilities, magistrates, courts, prosecuting attorneys, correctional facilities, central
statedepositories of criminal records, or otherofficials, agencies, entities, or political subdivisions
may have records orfiles pertaining toPetitioner inconnection with thearrest and/or alleged offense
described above, and which are subject to expunction:
TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N. LAMAR BLVD., AUSTIN, TEXAS 78773;

JAIL/ SHERIFF'S DEPARTMENT OF ZAPATA COUNTY
LISA MARTINEZ, CUSTODIAN OF RECORDS
2311 STOP 23A ZAPATA, TEXAS 78076;

FEDERAL BUREAU OF INVESTIGATIONS, MCALLEN DIV.
1200 N. McCOLL McALLEN, TEXAS 78501.

DISTRICT ATTORNEY OF WEBB COUNTY
HON. ISIDRO "CHILO" ALANIZ, DISTRICT ATTORNEY
1110 VICTORIA ST. STE. 401 LAREDO, TEXAS 78040

CLERK OF THE DISTRICT COURT, IN WHICH PETITION IS FILED
DORA RAMOS, P.O. BOX788,ZAPATA COUNTYCOURTHOUSE, ZAPATA,
TEXAS 78076-0788;

COUNTY ATTORNEY OF ZAPATA COUNTY
HON. ALFONSO FIGUEROA,P.O. BOX2314, ZAPATA, TEXAS 78076-2314

COUNTY CLERK OF THE ZAPATA COUNTY COURT AT LAW
MARY JAYNE VILLARREAL-BONOAN, P.O. BOX 789, ZAPATA COUNTY
COURTHOUSE, ZAPATA, TEXAS 78076-0789

00000b
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r
*
WHEREFORE, PREMISES CONSIDERED, Petitioner praysthattheCourtsetthismatter
for a hearing, and after notice to each of the above agencies, the above-described records be
expunged as provided by Chapter 55 ofthe Texas Code of Criminal Procedure.

Respectfully submitted,

Law Office of Calixtro Villarreal, Jr.
102 N.Texas St.
Rio Grande City, Texas 78582
Tel: (956) 487-3739
Fax: (956) 487-8670

State Bar No. 20581905

000001
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•
VERIFICATION

STATE OF TEXAS §
§
COUNTY OF ZAPATA

BEFORE ME,theundersigned authority, personally appeared JUAN JOSE GARCIA, who,
having been duly sworn, stated:

"My name is JUAN JOSE GARCIA. T am the Petitioner in the above Petition for
Expunction. 1 have read said Petition for Expunction and the facts stated therein are true and
correct."

^^^S^e^3v)^S\
JUANJOSE^ARCIA

Sworn to and subscribed before me on */9 ,2012.

/
'^J^AJ tary publrc in and for the
State of Texas
My Commission Expires

tdkLclfi

C00008
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CERTIFICATE OF SERVICE

This is to certify that on February &> , 2012, a true and correct copy ofthe above

and foregoing Verified Petition for Expunction of Records was served on the following agencies
via Certified Mail Return Receipt Requested by the District Clerk's Office of this Court.

TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N. LAMAR BLVD., AUSTIN, TEXAS 78773;

JAIL/ SHERIFF'S DEPARTMENT OF ZAPATA COUNTY
LISA MARTINEZ, CUSTODIAN OF RECORDS
2311 STOP 23A ZAPATA, TEXAS 78076;

FEDERAL BUREAU OF INVESTIGATIONS, MCALLEN DIV.
1200 N. McCOLL McALLEN, TEXAS 78501.

DISTRICT ATTORNEY OF WEBB COUNTY
HON. ISIDRO "CHTLO" ALANIZ, DISTRICT ATTORNEY
1110 VICTORIA ST. STE. 401 LAREDO, TEXAS 78040

CLERK OF THE DISTRICT COURT, IN WHICH PETITION IS FILED
DORA RAMOS, P.O. BOX 788, ZAPATA COUNTY COURTHOUSE, ZAPATA, TEXAS 78076-
0788;

COUNTY ATTORNEY OF ZAPATA COUNTY
HON. ALFONSO FIGUEROA, P.O. BOX 2314, ZAPATA, TEXAS 78076-2314

COUNTY CLERK OF THE ZAPATA COUNTY COURT AT LAW
MARY JAYNE VILLARREAL-BONOAN, P.O. BOX 789, ZAPATA COUNTY
COURTHOUSE, ZAPATA, TEXAS 78076-0789

Calixtro Villarrcal, Jr.

oooooq
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CAUSE NO.: 8 0^H
EX PARTE § IN THE DISTRICT COURT
§
§ JUDICIAL DISTRICT
§
JUAN JOSE GARCIA § ZAPATA COUNTY, TEXAS

ORDER FOR A SETTING ON VERIFIED PETITION
FOR EXPUNCTION OF RECORD

On the . Day of. .2012, the Petitioner filed a Verified Petition for

lixpunction. The Court finds that the party is entitled to a hearing on this matter, and IT IS
THEREFORE ORDERED that anevidentiary hearing on this petition isset for the, Day
of , 2012 at .M.

Signed on the. . Day of. _,2012.

JUDGE PRESIDING

Cc:

Law Offices of Calixtro Villarreal, Jr.
102 N. Texas St.
Rio Grande City, Texas 78582
Tel: (956) 487-3739
Fax: (956) 487-8670
Attorney for Petitioner

Hon. Pedro (Pete) Garza, Jr.
Asst. District Attorney, Zapata Co.
Zapata County Courthouse
P.O. Box 1343
Laredo, Texas 78042-1343
Tel: (956) 523-4900
Fax: (956) 523-5070

000010
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CAUSE NO.:
8 OH4
EX PARTE § IN THE DISTRICT COURT
§
§ JUDICIAL DISTRICT
§
JUAN JOSE GARCIA § ZAPATA COUNTY, TEXAS

ORDER OF VERIFIED PETITION FOR EXPUNCTION OF RECORDS

On this day of , 2012, the Court considered the
Verified Petition for Expunction'ofRecords of JUAN JOSE GARCIA, which the Court finds
should be GRANTED.

The following information regardingPetitioner is included in this Order pursuant to Section

3(b) of Article 55.02, Texas Code of Criminal Procedure:

NAME: JUAN JOSE GARCIA
SEX: MALE
RACE: HISPANIC
DATE OF BUtTH: NOVEMBER 8,1990
DRIVER'S LICENSE NO.: 24213370, TEXAS
SOCIAL SECURITY NO.: XXX-XX-XXXX
ADDRESS AT TIME OF ARREST: 1514 U.S. HWY. 83 ZAPATA, TEXAS 78076

THE COURT FINDS that JUAN JOSE GARCIA is entitledto expunction as provided by
Article55.01 (a)(2),TexasCodeofCriminal Procedure, withrespectto thefollowing offensecharged
againstPetitioner, with pertinent information provided in accordance withsaid Section 3(b)ofsaid
Article 55.02:

ALLEGED OFFENSE: AGGRAVATED SEXUAL ASSAULT
DATE OF ALLEGED OFFENSE: APRIL 16,2002
DATE OF ARREST: APRIL 16,2002
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

ALLEGED OFFENSE: ATTEMPTED MURDER
DATE OF ALLEGED OFFENSE: JULY 10,1994
DATE OF ARREST: JULY 10,1994
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY; ZAPATA COUNTY SHERIFF'S OFFICE

0000
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* (#
THE COURT FURTHER FINDS that the circumstancessurroundingthe dismissalofsaid
offense or the quashing of the indictment or information indicate that there was an absence of
probable cause at the time of such dismissal IN THE INTEREST OF JUSTICE.

THE'COURT FURTHER FINDS that the following law enforcement agencies, jails or
otherdetention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central
state depositories of criminalrecords,or otherofficials,agencies, entities, or politicalsubdivisions
may have records orfiles pertaining to Petitioner inconnection with thearrest and/or alleged offense
described in this Order, and which are subject to expunction:

TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N. LAMAR BLVD., AUSTIN, TEXAS 78773;

JAIL/ SHERIFF'S DEPARTMENT OF ZAPATA COUNTY
LISA MARTINEZ, CUSTODIAN OF RECORDS
• 2311 STOP 23A ZAPATA, TEXAS 78076;

FEDERAL BUREAU OF INVESTIGATIONS, MCALLEN DIV.
1200 N. McCOLL McALLEN, TEXAS 78501.

DISTRICT ATTORNEY OF WEBB COUNTY
HON. ISIDRO "CHILO" ALANIZ, DISTRICT ATTORNEY
1110 VICTORIA ST. STE. 401 LAREDO, TEXAS 78040

CLERK OF THE DISTRICT COURT, IN WHICH PETITION IS FILED
DORA RAMOS, P.O. BOX788,ZAPATACOUNTY COURTHOUSE, ZAPATA,
TEXAS 78076-0788;

COUNTY ATTORNEY OF ZAPATA COUNTY
HON. ALFONSO FIGUEROA, P.O. BOX 2314, ZAPATA, TEXAS 78076-2314

COUNTY CLERK OF THE ZAPATA COUNTY COURT AT LAW
MARY JAYNE VILLARREAL-BONOAN, P.O. BOX 789, ZAPATA COUNTY
COURTHOUSE, ZAPATA, TEXAS 78076-0789

THE COURT ORDERS that any of the above-named agencies and/or persons that sent
information to a central federal depository regarding the arrest and/or alleged offense described
herein shall request such federal depository to return all records and files subjectof this Order.

0 0 0 0 12
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♦ *
THE CLERK OF THIS COURT IS ORDERED to senda certified copyof this Order by
hand delivery or by certified mail, return receipt requested, to the Crime Records Service of the
Texas Department of Public Safety and to each other agency, jail or other detention facility,
magistrate, court, prosecuting attorney, correctional facility, central state depository of criminal
records, official, entity, or political subdivision named herein above. In the event that this Orderis

delivered byhand delivery, theclerk ofthecourt is further directed to receive areceipt for each such
Order delivered in this manner.

TheTexasDepartment ofPublicSafety isORDERED tonotifyanycentral federal depository
of criminal recordsby any reasonable means of this Order, with an explanation ofthe effectof the
Order anda request thatthe records in possession of thedepository, including any information with
respect to the Order, be destroyed or returned to the Court.

IT IS FURTHER ORDERED, that, upon receipt of this Order, eachagency, jail or other
detention facility, magistrate, court, prosecuting attorney, correctional facility, central state
depository of criminal records, official, entity, or political subdivision named herein above shall:
(1) return to this Court all records and files that are subject to this Order, or, if removal is
impracticable, obliterate all portions of the record or filethat identify JUAN JOSE GARCIA and
notifythis Court of any such action; and (2) deletefrom publicrecords all index references to the
recordsand files that are subjectto this Order.
IT IS FURTHER ORDERED thaitherecords concerning thisproceeding arenotopen for
inspection by anyone, and the Clerk of this Court shall obliterate all public references to this
proceeding and maintainthe files or otherrecords in an areanot open to inspection.
Any and all files or records* subject to this Order shall be destroyed bythe Clerk ofthis Court
notearlier thanthe 60thday after thedate ofthisorder or later than thefirstanniversary of the date
ofthis Order, and the Clerk shall certifyto the Courtthe destruction of the same.

Signed on the Day of , 2012.

JUDGE PRESIDING

00001 3
 (•
n pq [s, GAEfSE-HSO. 8.044
' fiisTRIvt CLERK
EX PARTE 8 , IN THE DISTRICT COURT
2012 OCT 15 Pjj*US
ZAPffTA CoijUTY. ?EXA4?^- JUDICIAL DISTRICT
DV „- - JEPUTY
JUAN JOSE GARCIA BY—• ^ £ ZAPATA COUNTY, TEXAS
AMENDED VERIFIED PETITION FOR EXPUNCTION OF RECORDS

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES, JUAN JOSE GARCIA, Petitioner, and moves the Court to order

expunction ofall criminal records and files pertaining to the arrest ofPetitioner described below, and

would respectfully show as follows:

1. The following information regarding Petitioner is included pursuant to Section 2(b)

of Article 55.02, Texas Code of Criminal Procedure:

NAME: JUAN JOSE GARCIA
SEX: MALE
RACE: HISPANIC
DATE OF BIRTH: OCTOBER 23,1973
DRIVER'S LICENSE NO.: TX 03057203
SOCIAL SECURITY NO.: XXX-XX-XXXX
ADDRESS AT TIME OF ARREST: 1101DELMAR ST. ZAPATA, TX. 78076

2. JUAN JOSE GARCIA was charged the following offense, regarding which the

following information is provided in accordance with said Section 2(b) of said Article 55.02:

ALLEGED OFFENSE: AGGRAVATED SEXUAL ASSAULT
DATE OF ALLEGED OFFENSE: APRIL 16, 2002
DATE OF ARREST: APRIL 16,2002
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

ALLEGED OFFENSE: ATTEMPTED MURDER
DATE OF ALLEGED OFFENSE: JULY 10,1994
DATE OF ARREST: JULY 10,1994
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

ALLEGED OFFENSE: SEXUAL ASSAULT
DATE OF ALLEGED OFFENSE: AUGUST 1,2001
DATE OF ARREST: AUGUST 1,2001
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076nnnn . ,
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE u u UU I 4
 (•
ALLEGED OFFENSE: POSSESSION OF MARIHUANA
DATE OF ALLEGED OFFENSE: FEBRUARY 26,2001
DATE OF ARREST: FEBRUARY 26,2001
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

ALLEGED OFFENSE: POSSESSION OF CONTROLLED SUBSTANCE
DATE OF ALLEGED OFFENSE: SEPTEMBER 14,1997
DATE OF ARREST: SEPTEMBER 14,1997
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

ALLEGED OFFENSE: EVADING ARREST
DATE OF ALLEGED OFFENSE: NOVEMBER 15,1997
DATE OF ARREST: NOVEMBER 15,1997
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

ALLEGED OFFENSE: POSSESSION OF MARIHUANA
DATE OF ALLEGED OFFENSE: DECEMBER 1,1996 .
DATE OF ARREST: DECEMBER 1,1996
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

ALLEGED OFFENSE: POSSESSION OF CONTROLLED SUBSTANCE
DATE OF ALLEGED OFFENSE: AUGUST 7,1994
DATE OF ARREST: AUGUST 7,1994
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

ALLEGED OFFENSE: BURGLARY OF HABITATION
DATE OF ALLEGED OFFENSE: MARCH 12,1993
DATE OF ARREST: MARCH 12,1993
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

ALLEGED OFFENSE: POSSESSION OF CONTROLLED SUBSTANCE
DATE OF ALLEGED OFFENSE: MARCH 12,1993
DATE OF ARREST: MARCH 12,1993
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

ALLEGED OFFENSE: POSSESSION OF MARIHUANA (<20Z)
DATE OF ALLEGED OFFENSE: OCTOBER 20,2008
DATE OF ARREST: OCTOBER 20,2008
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

3. Petitioneris entitledto an expunction of all recordsand files relatingto said allegecr
 c m
offenses of (A) AGGRAVATED SEXUAL ASSAULT, (B) ATTEMPTED MURDER (C)

SEXUAL ASSAULT (D) POSSESSION OF MARIHUANA (F)POSSESSION OF

CONTROLLED SUBSTANCE (E) EVADING ARREST (F) POSSESSION OF

CONTROLLED SUBTANCE (G) BURGLARY OF A HABITATION (H) POSSESSION OF

CONTROLLED SUBTANCE (I) POSSESSION OF MARIHUANA under Article 55.01(a)(2)

ofthe Texas Code of Criminal Procedure, Petitioner further states that he has been released, that the

charge has not resulted in a final conviction and is no longer pending, and that there was no court-

ordered probation under Article 42.12 of the Texas Code of Criminal Procedure nor a conditional

discharge under Section 481.109 of the Texas Health and Safety Code.

4. Petitioner has not been convicted of a felony in the five years preceding the date of

said arrest.

5. Petitioner has reason to believe that the following law enforcement agencies, jails or

other detention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central

state depositories of criminal records, or other officials, agencies, entities, or political subdivisions

may have records or files pertaining to Petitioner in connection with the arrest and/or alleged offense

described above, and which are subject to expunction:

TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N. LAMAR BLVD., AUSTIN, TEXAS 78773;

JAIL/ SHERIFF'S DEPARTMENT OF ZAPATA COUNTY
LISA MARTINEZ, CUSTODIAN OF RECORDS
2311 STOP 23A ZAPATA, TEXAS 78076;

FEDERAL BUREAU OF INVESTIGATIONS, LAREDO DIV.
109 SHILO DR. STE 430, LAREDO, TEXAS 78045.

DISTRICT ATTORNEY OF WEBB COUNTY
HON. ISIDRO "CHILO" ALANIZ, DISTRICT ATTORNEY
1110 VICTORIA ST. STE. 401 LAREDO, TEXAS 78040

CLERK OF THE DISTRICT COURT, IN WHICH PETITION IS FILED
DORA RAMOS, P.O. BOX 788, ZAPATA COUNTY COURTHOUSE, ZAPATA,
TEXAS 78076-0788;

COUNTY ATTORNEY OF ZAPATA COUNTY
HON. ALFONSO FIGUEROA, P.O. BOX 2314, ZAPATA, TEXAS 78076-2314

COUNTY CLERK OF THE ZAPATA COUNTY COURT AT LAW
MARY JAYNE VILLARREAL-BONOAN, P.O. BOX 789, ZAPATA COUNTY
COURTHOUSE, ZAPATA, TEXAS 78076-0789

00001b
 ( 0
WHEREFORE, PREMISES CONSIDERED, Petitioner praysthat the Court set this matter

for a hearing, and after notice to each of the above agencies, the above-described records be

expunged as provided by Chapter 55 of the Texas Code of Criminal Procedure.

Respectfully submitted,

Law Office of Calixtro Villarreal, Jr.
102 N.Texas St.
Rio Grande City, Texas 78582
Tel: (956) 487-3739
Fax: (956) 487-8670_._^

Calixtro Villarreal,
State Bar No. 20581905

0000! 1
 ^
VERIFICATION

STATE OF TEXAS §
§
COUNTY OF ZAPATA §

BEFORE ME,the undersignedauthority,personallyappearedJUAN JOSE GARCIA, who,

having been duly sworn, stated:

"My name is JUAN JOSE GARCIA. I am the Petitioner in the above Petition for
Expunction. I have read said Petition for Expunction and the facts stated therein are true and
correct."

\JTaz^ (W^- J^TKj^A^
JU^NJOSBf GARCIA

Sworn to and subscribed before me on FEBRUARY j ( , 2012.

iy Public in and for the
te of Texas
*W&%. JOSE ADAN VILLARREAL, JR. fy Commission Expires
#^?"% Notary Public, State of Texas &t- / t •?- / \<~
%j-P%J-S My Commission Expires
*®tiW February 17, 2016
mm

0000 18
 •
CERTIFICATE OF SERVICE

This is to certify that on February I7 2012, a true and correct copy of the above

and foregoing Amended Verified Petition for Expunction of Records was served on the following

agencies via Certified Mail Return Receipt Requested by the District Clerk's Office of this Court.

TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N. LAMAR BLVD., AUSTIN, TEXAS 78773;

JAIL/ SHERIFF'S DEPARTMENT OF ZAPATA COUNTY
LISA MARTINEZ, CUSTODIAN OF RECORDS
2311 STOP 23A ZAPATA, TEXAS 78076;

FEDERAL BUREAU OF INVESTIGATIONS, LAREDO DIV.
109 SHILO DR. STE 430, LAREDO, TEXAS 78045.

DISTRICT ATTORNEY OF WEBB COUNTY
HON. ISIDRO "CHILO" ALANIZ, DISTRICT ATTORNEY
1110 VICTORIA ST. STE. 401 LAREDO, TEXAS 78040

CLERK OF THE DISTRICT COURT, IN WHICH PETITION IS FILED
DORA RAMOS, P.O. BOX 788, ZAPATA COUNTY COURTHOUSE, ZAPATA, TEXAS 78076-
0788;

COUNTY ATTORNEY OF ZAPATA COUNTY
HON. ALFONSO FIGUEROA , P.O. BOX 2314, ZAPATA, TEXAS 78076-2314

COUNTY CLERK OF THE ZAPATA COUNTY COURT AT LAW
MARY JAYNE VILLARREAL-BONOAN, P.O. BOX 789, ZAPATA COUNTY
COURTHOUSE, ZAPATA, TEXAS 78076-0789

Calixtro Villarreal, Jr.

ooooi q
 CAUSE NO. 8.044

EX PARTE § IN THE DISTRICT COURT
§
§ 49th JUDICIAL DISTRICT
§
JUAN JOSE GARCIA § ZAPATA COUNTY, TEXAS

ORDER FOR A SETTING ON AMENDED VERIFIED PETITION
FOR EXPUNCTION OF RECORD

On the Day of 2012, the Petitioner filed a Amended Verified
Petition for Expunction. The Court finds that the party is entitled to a hearing on this matter, and
IT IS THEREFORE ORDERED that an evidentiary hearing on this petition is set for the

Day of , 2012 at .M.

Signed on the Day of , 2012.

JUDGE PRESIDING

Cc:

Law Offices of Calixtro Villarreal, Jr.
102 N.Texas St.
Rio Grande City, Texas 78582
Tel: (956) 487-3739
Fax: (956) 487-8670
Attorney for Petitioner

Hon. Pedro (Pete) Garza, Jr.
Asst. District Attorney, Zapata Co.
Zapata County Courthouse
P.O. Box 1343
Laredo, Texas 78042-1343
Tel: (956) 523-4900
Fax:(956)523-5070

000 0 20
 Defendant, in the hereinafter styled and numbered cause: 8,044

YOU ARE HEREBY COMMANDED to appear before the 49th District Court of the City of
Zapata, County of Zapata, Texas, by filing a written answer to the Petition of Plaintiff at or before 10:00
A.M. of the Monday next after the expiration of twenty (20) days after the date of service hereof, a copy
of which accompanies the Citation, in Cause Number 8.044. styled EX PARTE: JUAN JOSE GARCIA,
filed in said Court on the 19th day of June, 2012. Plaintiff is represented by Calixtro Villarreal. Jr..
whose address is 102 N. Texas St.. Rio Grande City. Texas 78582.

ISSUED AND GIVEN UNDER MY HAND AND SEAL of said Court at office, this the 15th
day of October, A.D. 2012.

DORA MTZ RAMOS
District Clerk of Zapata County, Texas
(SEAL) P.O. Box 788
Zapata, Texas 78076

By: JlWflL J30
LfSSA GONZALEZ, :, Deputy Clerk
NOTICE
You have been sued. You may employ an attorney. If you or your attorney do not file a written answer
with the clerk who issued this citation by 10:00 A.M. on the Monday next following the expiration of
twenty days after you were served this citation and petition, a default judgment may be taken against
you.
 ***CiTATION BY MAILING***

l THE STATE OF TEXAS

TO: JAIL/SHERJJF'S DEPARTMENT OF ZAPATA COUNTY

LISA MARTINEZ. CUSTODIAN OF RECORDS

2311 STOP 23A

ZAPATA. TEXAS 78076

Defendant, in the hereinafter styled and numbered cause: 8,044

y YOU ARE HEREBY COMMANDED to appear before the 49th District Court of the City of
Zapata, County of Zapata, Texas, by filing a written answer to the Petition of Plaintiff at or before 10:00
A.M. of the Mondaynext after the expiration of twenty (20) days after the date of service hereof, a copy
of which accompanies the Citation, in Cause Number 8.044. styled EX PARTE: JUAN JOSE GARCIA.
filed in said Court on the 19th day of June, 2012. Plaintiff is represented by Calixtro Villarreal. Jr..
whose address is 102 N. Texas St.. Rio Grande City. Texas 78582.

ISSUED AND GIVEN UNDER MY HAND AND SEAL of said Court at office, this the 15th
day of October, A.D. 2012.

r
DORA MTZ RAMOS
District Clerk of Zapata County, Texas
(SEAL) P.O. Box 788
Zapata, Texas 78076

By: JLXJufrkOw J-S
MELISSA GONZALEZ, Deputy Clerk

NOTICE
You have been sued. You may employ an attorney. If you or your attorney do not file a written answer
with the clerk who issued this citation by 10:00 A.M. on the Monday next following the expiration of
twenty days after you were served this citation and petition, a default judgment may be taken against
you.

]i
000022
 ***CITATION BY MAILING***

THE STATE OF TEXAS

TO: FEDERAL BUREAU OF INVESTIGATIONS. LAREDO DIVISION
109 SHJJLOH DR.. SUITE 430
LAREDO. TEXAS 78045

Defendant, in the hereinafter styled and numbered cause: 8,044

YOU ARE HEREBY COMMANDED to appear before the 49th District Court of the City of
Zapata, County of Zapata, Texas, by filing a written answer to the Petition of Plaintiff at or before 10:00
A.M. of the Mondaynext after the expirationof twenty (20) days after the date of service hereof, a copy
of which accompanies the Citation, in Cause Number 8.044. styled EX PARTE: JUAN JOSE GARCIA,
filed in said Court on the 19th day of June, 2012. Plaintiff is represented by Calixtro Villarreal. Jr..
whose address is 102 N. Texas St.. Rio Grande City. Texas 78582.

ISSUED AND GIVEN UNDER MY HAND AND SEAL of said Court at office, this the 15th
day of October, A.D. 2012.

DORA MTZ RAMOS
District Clerk of Zapata County, Texas
(SEAL) P.O. Box 788
Zapata, Texas 78076

By:

NOTICE
You have been sued. You may employ an attorney. If you or your attorney do not file a written answer
with the clerk who issued this citation by 10:00 A.M. on the Monday next following the expiration of
twenty days after you were served this citation and petition, a default judgment may be taken against
you.

oc! io 2:
 ***CITATION BY MAILING**

THE STATE OF TEXAS

TO: CLERK OF THE DISTRICT COURT

DORA RAMOS

P.O. BOX 788

ZAPATA. TEXAS 78076

Defendant, in the hereinafter styled and numbered cause: 8,044

YOU ARE HEREBY COMMANDED to appear before the 49th District Court of the City of
Zapata, County of Zapata, Texas, by filing a written answer to the Petition of Plaintiff at or before 10:00
A.M. of the Monday next after the expiration of twenty (20) days after the date of service hereof, a copy
of which accompanies the Citation, in Cause Number 8.044. styled EX PARTE: JUAN JOSE GARCIA.
rh
filed in said Court on the 19 day of June, 2012. Plaintiff is represented by Calixtro Villarreal, Jr..
whose address is 102 N. Texas St., Rio Grande City. Texas 78582.

ISSUED AND GIVEN UNDER MY HAND AND SEAL of said Court at office, this the 15th
day of October, A.D. 2012.
y

DORA MTZ RAMOS
District Clerk of Zapata County, Texas
(SEAL) P.O. Box 788
Zapata, Texas 78076

By: 1

NOTICE
You have been sued. You may employ an attorney. If you or your attorney do not file a written answer
with the clerk who issued this citation by 10:00 A.M. on the Monday next following the expiration of
twenty days after you were served this citation and petition, a default judgment may be taken against
you.

0000211 i
 ***CITATION BY MAILING***

DISTRICT ATTORNEY OF WEBB COUNTY

HON. ISIDRO "CHILO" ALANIZ. DISTRICT ATTORNEY

1110 VICTORIA ST. STE. 401

LAREDO. TEXAS 78040

Defendant, in the hereinafter styled and numbered cause: 8.044

YOU ARE HEREBY COMMANDED to appear before the 49th District Court of the City of
Zapata, County of Zapata, Texas, by filing a written answer to the Petition of Plaintiff at or before 10:00
A.M. of the Monday next after the expirationof twenty (20) days after the date of service hereof, a copy
of which accompanies the Citation, in Cause Number 8,044, styled EX PARTE: JUAN JOSE GARCIA,
filed in said Court on the 19th day of June, 2012. Plaintiff is represented by Calixtro Villarreal, Jr.,
whose address is 102 N. Texas St.. Rio Grande City. Texas 78582.

ISSUED AND GIVEN UNDER MY HAND AND SEAL of said Court at office, this the 15th
day of October, A.D. 2012.
h
DORA MTZ RAMOS
District Clerk of Zapata County, Texas
(SEAL) P.O. Box 788
Zapata, Texas 78076

By: •Alja^ Jjy

NOTICE
You have been sued. You may employ an attorney. If you or your attorney do not file a written answer
with the clerk who issued this citation by 10:00 A.M. on the Monday next following the expiration of
twenty days after you were served this citation and petition, a default judgment may be taken against
you.

000025
 ***CITATION BY MAILING***

THE STATE OF TEXAS

TO: COUNTY CLERK OF THE ZAPATA COUNTY COURT AT LAW

MARY JAYNE VILLARREAL-BONOAN
P.O. BOX 789

ZAPATA. TEXAS 78076

Defendant, in the hereinafter styled and numbered cause: 8,044

YOU ARE HEREBY COMMANDED to appear before the 49th District Court of the City of
Zapata, County of Zapata, Texas, by filing a written answer to the Petition of Plaintiff at or before 10:00
A.M. of the Monday next after the expiration of twenty (20) days after the date of service hereof, a copy
of which accompanies the Citation, in Cause Number 8.044. styled EX PARTE: JUAN JOSE GARCIA.
filed in said Court on the 19th day of June, 2012. Plaintiff is represented by Calixtro Villarreal. Jr..
whose address is 102 N. Texas St.. Rio Grande City. Texas 78582.

ISSUED AND GIVEN UNDER MY HAND AND SEAL of said Court at office, this the 15th
day of October, A.D. 2012.

DORA MTZ RAMOS
District Clerk of Zapata County, Texas
(SEAL) P.O. Box 788
Zapata, Texas 78076

By:
MELfSSA GONZALEZ, Deputy Cleric

NOTICE
You have been sued. You may employ an attorney. If you or your attorney do not file a written answer
with the clerk who issued this citation by 10:00 A.M. on the Monday next following the expiration of
twenty days after you were served this citation and petition, a default judgment may be taken against
you.

00002b
 ***CITATION BY MAILING*

THE STATE OF TEXAS

TO: COUNTY ATTORNEY OF ZAPATA COUNTY

HON. ALFONSO FIGUEROA

P.O. BOX 2314

ZAPATA. TEXAS 78076

Defendant, in the hereinafter styled and numbered cause: 8,044

YOU ARE HEREBY COMMANDED to appear before the 49th District Court of the City of
Zapata, County of Zapata, Texas, by filing a written answer to the Petition of Plaintiff at or before 10:00
A.M. of the Monday next after the expiration of twenty (20) days after the date of service hereof, a copy
of which accompanies the Citation, in Cause Number 8.044. styled EX PARTE: JUAN JOSE GARCIA.
filed in said Court on the 19th day of June, 2012. Plaintiff is represented by Calixtro Villarreal, Jr.,
whose address is 102 N. Texas St.. Rio Grande City, Texas 78582.

ISSUED AND GIVEN UNDER MY HAND AND SEAL of said Court at office, this the 15th
day of October, AD. 2012.

DORA MTZ RAMOS
District Clerk of Zapata County, Texas
(SEAL) P.O. Box 788
Zapata, Texas 78076

JLXx&kJ)^ J^S
MELISSA GONZALEZ, D

NOTICE
You have been sued. You may employ an attorney. If you or your attorney do not file a written answer
with the clerk who issued this citation by 10:00 A.M. on the Monday next following the expiration of
twenty days after you were served this citation and petition, a default judgment may be taken against
you.

0000 21
SENDER: COMPLETl S SECTION COMPLETE THIS SECT! A -LIVERY

Complete items 1,2, and 3. Also complete Signature
item 4 if Restricted Delivery is desired.
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Isdelivery addressdifferent from Item 1? LI Yes
1. Article Addressed to:
If YES, enter de^Q^ a§{rdss|eT}>w: p EjNcQ ^

FILED
ZAPATAj COUNTY, TEXAS
3. Service Typg Y_ ^fe
^ Certified MaiF D Express Mail
-DEPUTY
D Registered Jfl Return Receipt for Merchandise
D Insured Mail • C.O.D.
4. Restricted Delivery? (Extra Fee) D Yes
2. Article Number
(Transfer from service label) 7D1D D76D DDDD EHS1 7^7fl
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154

000028
SENDER: COMPi THIS SECTION COMPLETE THIS SF ILIVERY

• Complete items T^; arid 3. Also complete
item 4 if Restricted Delivery is desired.
• Print your name and address on the reverse
so that we can return the card to you.
• Attach this card to the back of the mailpiece,
or on the front if space permits.
D. Isdelivery address different from item 1? CI Yes
1. Article Addressed to:
If YES, enter d|JiU£y ftgfsssj tfejlowp Cj: NQ ^

FILED
UNTY. TEXAS

3. Service Tyi
.DEPUTY
^Certified Express Mail
D Registered ^ty Return Receipt for Merchandise
• Insured Mail • C.O.D.
4. Restricted Delivery? (Extra Fee) • Yes

2. Article Number
(Transfer from service label)
7D1D D76D DDDD E4S1 7^5H

PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-154

000029
SENDER: CONlf* ~E THIS SECTION1 COMPLETE THIS' ION 01 ILIVERY

Complete itemsT72, anoSj Also c^iplef^ A. Signature
item 4 if Restricied JDelivSty is desipd. , D Agent
Print your narr^anl addregs on thetfever1 X
&?-~*—"TD Addresse«
*efurn the'card
so that we cai^refurn the'^ard to yfe^T|
yl"^ .Received by (Printed^Name) Date of Delivers
Attach this caq Ijothe baftk of th^m&UgnMe,
tf^pace permits, [j^ ^^l
or on the fronl^speice
D. Is delivery address different from item 1? • Yes
1. Article Addresseetto;
'O If YES, enter delivery address below: • No

S^\|SWv\^0^eS- &
*
Usai ^v^e^. .S^^^^ °"^
DQ
)>

3. Service Type
jQCertified Mail X] Express Mail
• Registered JSL Return Receipt for Merchandise
D Insured Mail • C.O.D.
4. Restricted Delivery? (Extra Fee) U Yes
2. Article Number
7D1D 07AD DDDD EH51 71E3
(Transfer from service label)
PS Form 3811., February 2004 Domestic Return Receipt 102595-02-M-154

000030
SENDER: COMPLETr XIS SECTION 'V- COMPLETE THIS SECTI LIVERY

Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired. D Agent
Print your name and address on the revere • Addressee
so that we can return thergard to y^i. tir B. Recmve/by (Printed Name) Date of Delivery
Attachi this ca>9 te£the bqck of the^gailpi§£e,
or on the fror^^pace pajriits. Ui tu
•1. Article Addresses! to:
flflMgvara
Is delivery address different frol
• \- If YES, enter delivery address below: • No

3. Service Type
j^Q,.Certified Mail D Express Mail
D Registered ^^ Return Receipt for-Merchandise
D Insured Mail • C.QiD.-

4. Restricted ,Delivery?/£xtra Fee) • Yes
2. Article Number
(Transfer from service label)
7DID 0730 DDDD E451 7T47
PS Form 3811, February 2004 Domestic Retum.Reipjpt' •tQ2§95s02--^-154

00003I
 •J i
rsj

SENDER: COMPLETE \s SECTION COMPLETE THIS SECT LIVERY

card toj Date of Delivery
• Attach thisca^tathe back ofltbqjgiail \X.lg^w^sw
oron the.frogtjfspace faejmits. YA<;^ WILLIAMSON
-—. .-• •':••":'•: t_.-c/? — D. ISjdeljvery address different from item 1? • Yes
>1. Article AddresgedgQ: lf^ESE;,enterdefiyeiyaddress3below: D No
CD

9oV»\-v<-'"^a*^ .. °CT 19 2012
3. Sei lypeROU
r. M
^g Certified Mail £1 Express Mail
D Registered jo>Return Receipt for Merchandise
D Insured Mail • C.O.D.
4. Restricted Delivery? (Extra Fee) D Yes
2. Article Number -
7D1D D76D DDDD 2H51 7^1t
(Transfer fromservice label)
PS Form 3811, February 2004 Domestic Ret|ifn*ReceipJ 102595-02-M-154

00032
 SENDER: COMPLt ^HIS SECTION *- ' COMPLETE THIS SEC? 'I OK LIVERY

Complete items 1, 27and 3. Also complete
item 4 if Restricted Delivery is desired. D Agent
Print your name and address on the reverse D.Addressei
so that we carvre^rth&fcara ^HvjlS
Attach this car*y^§!^aclVoMheCM5iBfeilece,
r
oron the frontOJ ypabeAve„ Ste.#119
nE?uTY
COUNTY ATTORNEY OF ZAPATA COUNTY
HON. ALFONSO FIGUEROA
P.O. BOX 2314 toWl
ZAPATA, TEX/
NIXIE 7 82 DE 1 00 11/07/12t
RETURN TO SENDER
UNCLAIMED
UNABLE TO FORWARD
Rf: 7 R n 7 ft ? 9 a d 4.4 * 7 n «*~-i - n c»fi 7 0- - n 7 - Q&
 n & 8r oyy
Mary Jayne VUlarrecd-Bfyrwrn^^ p^os
Zapata County Clerk u CLiiRK
soo East 7th Avenue, Suite 138 ^ pr_
Zapata, Texas 78076 mi "ill ~3 ^ IU 25
Ph. (956)765-9915 Fax (956) 765-9933
7AD„ HL^D
Celica A. Rodriguez Eloisa Castillo Jessica Caballero AnnfrGrMolih&UHTYP^tjwkicBravo
ChiefDeputy County Clerk Deputy County Clerk Deputy County Clerk Deputy CouittiWrerk DeputyCo. Clerk
ffy,--KV. -DEPUTY
SEARCH RESULTS

Date: November 29,2012

RE: Juan Jose Garcia
DOB: 10/23/1973

Please be advised that after thorough search for the period (s) 2000 to Present, we were able
to locate the following records on the abovementioned Style and Numbered Cause:

Offense Disposition Date

Cause#: CR-02821 Making a False Statement
To TDPS Trooper I 03/31/1995 Case Dismissed 07/09/1997

CR-03000 DWI 01/01/1997 Judgment 08/03/1998

CR-03003POM 12/01/1996^ Judgment 08/03/1998'

CR-04116 POM 04/24/2003 Judgment 08/13/2003

CR-05728POM 10/19/2008— Judgment 11/20/2008.

If you have any further questions, please feel free to contact us at the above mentioned address or
phone number. ,;
Sincerely,

MaryJayne Villarreal-Bonoan J>
County Clerk, Zapata County, Texas

Deputy

000035
 causeMS,%WAMOS
DiSiRiCTCLERK
EX PARTE
foiZ DFC20 P 3: j{fTHEDISTRICTC0URT
)r iLEn 49TH JUDICIAL DISTRICT
Z^PAWCaiiHfY. TEXAS
GARCIAJUAN JOSE 8 ^J) ZAPATA COUNTY, TEXAS
ETY |J ii.._ nEPUTY
ORIGINAL ANSWER FOR RESPONDENT
TEXAS DEPARTMENT OF PUBLIC SAFETY

THE AFORESAID RESPONDENT files this Original Answer in the above-

captioned cause:

I.

Respondent denies each and every allegation in the petition and respectfully

demands strict proof thereof.

THEREFORE, no relief should be granted in behalf of the Petitioner and all costs

should be taxed against the Petitioner.

Respectfully submitted,

Randy S>Qrtege
CRS Attorney
Bar Card No.: 24052982

Texas Department of Public Safety
Crime Records Service
P.O. Box 4143
Austin, Texas 78765-4143
512-424-5841
512-424-5666 (facsimile)

00003b
 CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing instrument has been

served upon the attorney of record for the opposing party by placing it in the United States

Mail, certified (returned receipt requested), with sufficient postage affixed thereto on this,

the 17th day of December, 2012.

CRS
Texas Department of Puolic Safety

Certified Mail Return Receipt Requested No. 7009 0820 0000 7269 8149

Calixtro Villarreal
Attorney at Law
102 N. Texas St.
Rio Grande City, TX 78582

000031
 TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N. LAMAR BLVD • BOX 4087 • AUSTIN, TEXAS 78773-0001
512/424-2000 „
www.dps.texas.gov UUKA ft. RAMOS
DISTRICT CLERK
20I2 DEC 20 P 3= I
COMMISSION
STEVEN C. McCRAW A. CYNTHIA LEON, CHAIR
DIRECTOR
DAVID G. BAKER
ED • CARIN MARCY BARTH
ADA BROWN
CHERYL MaoBRIDE TY. TEXAS; ALLAN B. POLUNSKY
DEPUTY DIRECTORS JOHN STEEN

.DEPUTY-
December 17, 2012

Dora Ramos CMRRR# 7009 0820 0000 7269 8132
Zapata County District Clerk
Attn: Expunctions
P O Box 788
Zapata, TX 78076-0788
Re: Ex parte Juan Jose Garcia, Cause No. 8044
(49th Judicial District, Zapata County, Texas)
Dear District Clerk:

Enclosed is an Original Answer in the above-captioned cause. Please file the original and
file mark the copy and return it to me in the enclosed pre-paid postage envelope.

If you have any questions, feel free to call me.

Yours sincerely,

Randy S. Ortega
CRS Attorney
512-424-5841

RO:ro

Enclosure

c: Calixtro Villarreal CMRRR# 7009 0820 0000 7269 8149
Attorney at Law
102 N. Texas St.
Rio Grande City, TX 78582

EQUAL OPPORTUNITY EMPLOYER
000038
COURTESY • SERVICE . PROTECTION
Mar 22 2013 10:43AM HP Fax ~^k P3^ 18

DORA M.RAMOS
DISTRICT CLERK
CAUSE NO. 8,044
Z0I3 MAR 2b P U: 5M
THE STATE OF TEXAS § IN THE DISTRICT COURT
• FILED*
vs. ZAPAmcOUHjl TEXAS ^ jotjo^ district
P,Y A r §DP"oi|ty
JUAN JOSE GARCIA C7^ §^ ZAPATA COUNTY, TEXAS
MOTION FOR CONTINUANCE

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES, JUAN JOSE GARCIA, Defendant in the above-entitled and numbered

cause by and through his Attorney of Record, CALTXTRO VILLARREAL, JR, and files this
his Motion For Continuance and in support thereof would respectfully show unto the Court flie
following, to wit:

I.

This cause is currently setfor Hearing on Tuesday March 26, 2013, at 9:00 a.m., before
the Honorable Jose Lopez, inthe 49th Judicial District Court, Zapata County, Texas.
n.

Counsel advises honorable court that we are setto commence aJury Trial on Monday 25,
2013 and will continue throughout the week in the 381st District Court before the Honorable
Judge Jose Luis Garza. At this time Undersigned Counsel respectfully request that this
Honorable court reset the above entitled and numbered cause to a later date or at the courts
earliest convenience.

III.

This motion for continuance isnot made for delay, but that justice may be done.
PRAYER

WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Motion For
Continuance be granted andthat this cause be reset on the docket of this Court.

000039
Mar 22 2013 10:43AM HP Fax page 19
r«

Respectfully submitted,

Law Office of Calixtro Villarreal, Jr
102 N. Texas Street
Rio Grande City, Texas 78582
Telephone No: (956) 487-3739
Facsimile No: (9§6t7r87}8670

Calixtro Villarreal, Jr.
State Bar No.: 20581905
Attorney for Defendant

CERTIFICATE OF SERVICE

I, Calixtro Villarreal, Jr., attorney for the Defendant do certify that a true and correct

copy of theforegoing Motion for Continuance same hasbeen forwarded to the District Attorney

of Zapata County at the Webb County Courthouse, on the ^day of March 2013 via

Facsimile (956) 523-5054.

Calixtro Villarreal, Jr.

000040
Mar 22 2013 10:43AM HP Fax page 20

VERIFICATION

STATE OF TEXAS §
§
COUNTY OF STARR §

I, the undersigned attorney of record, swear under oath that the above Motion for
Continuance is true and correct.

Calixtro V:

ls\.

SIGNED under oath before me on this the ^Z day ofMarch 2013.

vi Public in and for the
State of Texas
MW&h JOSE ADAN VILLARREAL. JR.
y| Notary Public, State of Texas My Commission.Expirgs
My Commission Expires
01 I iq^f~ 4S

OQQGHi
Mar 22 2013 10:43AM HP Fax page 21

CAUSE NO. 8.044

THE STATE OF TEXAS § IN THE DISTRICT COURT
§
VS. § 49th JUDICIAL DISTRICT
§
JUAN JOSE GARCIA § ZAPATA COUNTY, TEXAS

ORDER ON MOTION FOR CONTINUANCE

On this the day of 2013. came on to be

considered the Defendant's Motion for Continuance, and said Motion is hereby:
GRANTED

DENIED

GRANTED AND RESET TO THE DAY OF •
2013 AT .M.

SIGNED on the _day of_ 2013.

HONORABLE JOSE LOPEZ
JUDGE PRESIDING

Cc:

Law Offices of Calixtro Villarreal, Jr. Honorable Pedro Garza
102N.Texas Street AssistantDistrict Attorney
Rio Grande City, Texas 78582 Webb County Courthouse
Telephone No: (956) 487-3739 1110 Victoria St.
Facsimile No: (956)487-8670 Laredo, Texas 78040
Attorney for Defendant Telephone No.: (956) 523-4900
Facsimile No.: (956) 523-5054

0 0 0 0 42
 r

DP A b.

CAUSE NO. 8044 °'STOCTCL$f?
WO P2SI,!
§ IN THEDISTRICT Oj$
EX PARTE: JUAN JOSE GARCIA 49™ JUDICIAL
0U«™ JiXAS
§
'/cPIJry

ZAPATA COUNTY, TEXAS

ORDER OF DISMISSAL

On this the 6TH day of JANUARY 2014 came on to be
considered the above styled and numbered cause having been duly set on the Court's Docket and
the Attorney(s) of record and/or Pro-Se Party(ies) having been notified, and after been called, the
Attorney(s) of record and/or Pro-Se Party(ies) did not appear for said hearing. The Court is of
the opinion thatthis cause of action should be DISMISSED for Court's Docket for the49th
District Court, and therefore this cause of action is hereby DISMISSED FOR LACK OF
PROSECUTION.

IT IS THEREFORE, ORDERED, ADJUDGED AND DECREED that the above
styled and numbered cause is hereby DISMISSED withoutprejudice, all costs of court are
adjudged against the party incurring same.

Signed and entered on this 6TH day of. JANUARY .,2014.

Jose A.
" Court
Zapata County, Texas

00004
09/23/2014 15:09 FAX 7212434 WEBB COUNTY DA @001

[lORA MTZ CASTANQK-
' ;e^JJS!E:NOk.:SJ!)lft-

THE STATE OF:TE,XAS ION SEP W\ P WW* district COURT
V. ., t FI&E 0 4*tH JUDICIAL DISTRICT COURT
Zftr^TAbpTY, TEXAS
Jtt&fUOgE GARCIA ,. XJJ^y $/$£$A COUNTY,TEXAS
ORDER GRATOWG AGREED MOTIONTO REINSTATE
CASE ON THE.COURT'S DOCKET

.,0h the -2nd day OfiSepxember. 20.1-4, .the Court considered tivx Agreed Motion to Reinstate
Case, on, ttte Cm>'t 'J Docket, Having; considered the pleadings on .file* evidence presented, and
arguments ofCounsel,

the Cpur>'liewby GRANTS-the MeiiiSH to JUsjiisjaja.

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PRESIDINOJVJOGE

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 • •

DORA MTZ CASTANO'feAUSENO.: 8,044
DISTRICT CLERK

EX PARTE 2aiM SEP2€1 P U= l§ § IN THE DISTRICT COURT

, ,/ILED. §
ZAP//TA' Bounty* texas § 49th JUDICIAL DISTRICT
DEPUTf
§
JUAN JOSE GARCIA § ZAPATA COUNTY, TEXAS

ORDER
ON AMENDED VERIFIED PETITION FOR EXPUNCTION OF RECORDS

On this OCJJL- day of > , the Court considered

the Verified Petitionfor Expunction of Records ofJUAN JOSE GARCIA, whichthe Court

finds should be GRANTED.

The following information regarding Petitioner is included in this Order pursuant to

Section 3(b) of Article 55.02, Texas Code of Criminal Procedure:

NAME: JUAN JOSE GARCIA
SEX: MALE
RACE: HISPANIC
DATE OF BIRTH: NOVEMBER 8,1990
DRIVER'S LICENSE NO.: 24213370, TEXAS
SOCIAL SECURITY NO.: XXX-XX-XXXX
ADDRESS AT TIME OF ARREST: 1514 U.S. HWY. 83 ZAPATA, TEXAS 78076

THE COURT FINDS that JUAN JOSE GARCIA is entitled to expunction as provided

by Article 55.01(a)(2), Texas Code of Criminal Procedure, with respect to the following offense

charged against Petitioner, with pertinent information provided in accordance with said Section

3(b) of said Article 55.02:

ALLEGED OFFENSE: AGGRAVATED SEXUAL ASSAULT
DATE OF ALLEGED OFFENSE: APRIL 16,2002

Order on Amended VerifiedPetition for Expunction of Records
Cause No. 8044 / Juan Jose Garcia

fflBiiloooo 45
\-y ij tiU ^jUu
 •

DATE OF ARREST: APRIL 16,2002
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

ALLEGED OFFENSE: ATTEMPTED MURDER
DATE OF ALLEGED OFFENSE: JULY 10,1994
DATE OF ARREST: JULY 10,1994
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

ALLEGED OFFENSE: SEXUAL ASSAULT
DATE OF ALLEGED OFFENSE: AUGUST 1,2001
DATE OF ARREST: AUGUST 1,2001
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

ALLEGED OFFENSE: POSSESSION OF MARIHUANA
DATE OF ALLEGED OFFENSE: FEBRUARY 26,2001
DATE OF ARREST: FEBRUARY 26,2001
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

ALLEGED OFFENSE: POSSESSION OF CONTROLLED SUBSTANCE
DATE OF ALLEGED OFFENSE: SEPTEMBER 14,1997
DATE OF ARREST: SEPTEMBER 14,1997
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

ALLEGED OFFENSE: EVADING ARREST
DATE OF ALLEGED OFFENSE: NOVEMBER 15,1997
DATE OF ARREST: NOVEMBER 15,1997
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

Order on Amended VerifiedPetitionfor Expunction of Records
Cause No. 8044 / Juan Jose Garcia 2

OOOOH
 •

ALLEGED OFFENSE: POSSESSION OF CONTROLLED SUBSTANCE
DATE OF ALLEGED OFFENSE: AUGUST 7,1994
DATE OF ARREST: AUGUST 7,1994
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

ALLEGED OFFENSE: BURGLARY OF HABITATION
DATE OF ALLEGED OFFENSE: MARCH 12,1993
DATE OF ARREST: MARCH 12,1993
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

ALLEGED OFFENSE: POSSESSION OF CONTROLLED SUBSTANCE
DATE OF ALLEGED OFFENSE: MARCH 12,1993
DATE OF ARREST: MARCH 12,1993
COUNTY WHERE ARRESTED: ZAPATA COUNTY
MUNICIPALITY WHERE ARREST OCCURRED: ZAPATA, TEXAS 78076
ARRESTING AGENCY: ZAPATA COUNTY SHERIFF'S OFFICE

THE COURT FURTHER FINDS that the circumstances surrounding the dismissalof

said offense orthe quashing of the indictment orinformation indicate that there was anabsence

ofprobable cause at thetime of such dismissal IN THE INTEREST OFJUSTICE.

If thestate establishes thattheperson who is thesubject of an expunction order is still

subject to conviction for anoffense arising out ofthe transaction for which the person was

arrested because the statute of limitations has not run and there is reasonable cause to believe that

the state may proceed against the person for the offense, the court may provide in itsexpunction

an order that the law enforcement agency andthe prosecuting attorney responsible for

investigating the offense may retain any records and files that are necessary tothe investigation.

The court shall provide inits expunction order that the applicable law enforcement

agency and prosecuting attorney may retain the arrest records and files ofany person who

Order onAmended Verified Petition for Expunction of Records
Cause No. 8044 / Juan Jose Garcia 3

oooou
 becomes entitled to an expunction of those records and files based on the expiration of a period

describedby Article 55.01 (a) (2) (A) (I) (a), (b), or (c), but without the certification of the

prosecuting attorney as described by Article 55.01 (a) (2) (A) (I) (d).

THE COURT FURTHER FINDS that the following law enforcement agencies, jails or

otherdetention facilities, magistrates, courts, prosecuting attorneys, correctional facilities, central

statedepositories of criminal records, or otherofficials, agencies, entities, or political

subdivisions mayhave records or files pertaining to Petitioner in connection with the arrest

and/or alleged offense described in this Order, and whichare subjectto expunction:

TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N.LAMAR BLVD.
AUSTIN, TEXAS 78773;

JAIL/ SHERIFF'S DEPARTMENT OF ZAPATA COUNTY
LISA MARTINEZ, CUSTODIAN OF RECORDS
2311 STOP 23A
ZAPATA, TEXAS 78076;

FEDERAL BUREAU OF INVESTIGATIONS, LAREDO DIV.
109SHILODR.STE430
LAREDO, TEXAS 78045.

DISTRICT ATTORNEY OF WEBB COUNTY
HONORABLE ISIDRO "CHILO" ALANIZ, DISTRICT ATTORNEY
1110 VICTORIA ST. STE. 401
LAREDO, TEXAS 78040

CLERK OF THE DISTRICT COURT, IN WHICH PETITION IS FILED
DORA RAMOS
P.O. BOX 788
ZAPATA COUNTY COURTHOUSE
ZAPATA, TEXAS 78076-0788;

Order on Amended Verified Petition for Expunction of Records
Cause No. 8044 / Juan Jose Garcia 4

000048
 • •

COUNTY ATTORNEY OF ZAPATA COUNTY
HON. ALFONSO FIGUEROA
P.O. BOX 2314
ZAPATA, TEXAS 78076-2314

COUNTY CLERK OF THE ZAPATA COUNTY COURT AT LAW
MARY JAYNE VILLARREAL-BONOAN
P.O. BOX 789
ZAPATA COUNTY COURTHOUSE
ZAPATA, TEXAS 78076-0789

THE COURT ORDERS that any ofthe above-named agencies and/or persons that sent

information to a central federal depository regarding the arrest and/or alleged offense described
herein shall request such federal depository to return all records and files subject ofthis Order.

THE CLERK OF THIS COURT IS ORDERED to send a certified copy ofthis Order
byhand delivery or by certified mail, return receipt requested, to the Crime Records Service of

the Texas Department ofPublic Safety and to each other agency, jailorother detention facility,
magistrate, court, prosecuting attorney, correctional facility, central state depository ofcriminal

records, official, entity, or political subdivision namedherein above. In the event that this Order

isdelivered by hand delivery, the clerk ofthe court isfurther directed toreceive a receipt for each
such Order delivered in this manner.

TheTexas Department of Public Safety is ORDERED to notify any central federal

depository of criminal records byany reasonable means ofthis Order, with anexplanation ofthe

effect ofthe Order and a request that the records inpossession ofthe depository, including any
information with respectto the Order, be destroyed or returned to the Court.

IT IS FURTHER ORDERED, that, upon receipt ofthis Order, each agency, jail or other

Order on Amended Verified Petition for Expunction of Records
Cause No. 8044 / Juan Jose Garcia

OOOOtiq
 • (•

detention facility, magistrate, court, prosecuting attorney, correctional facility, central state

depository of criminal records, official, entity, or political subdivision named herein above shall:

(1) return to this Court all records and files that are subjectto this Order, or, if removal is

impracticable, obliterate all portions of the recordor file that identify JUAN JOSE GARCIA

and notifythis Court of any such action; and (2) deletefrom public records all index references

to the records and files that are subject to this Order.

IT IS FURTHER ORDERED that the records concerning this proceeding are not open

for inspection by anyone, and the Clerk of this Court shall obliterate all publicreferences tothis

proceeding and maintainthe files or otherrecords in an area not open to inspection.

Any and all files or records subject to this Ordershall be destroyed by the Clerkof this

Courtnot earlier than the 60th day afterthe date of this order or later than the first anniversary of

the date of this Order, and the Clerk shall certify to the Court the destruction of the same.

Signed on the ^~ 1 day of JX*f/ , 20 /(

JUDGE PRESIDING

xc:

Calixtro Villarreal, P.C.
205 West Main Street
Rio Grande City, Texas 78582
Tel: (956) 487-3739 / Fax: (956) 487-8679
Attorney for Defendant

Isidro 'Chilo' Alaniz, District Attorney
Pete Garza, Assistant District Attorney
1110 Victoria Street, Ste. 401
Laredo, Texas 78040
Tel: (956) 765-9808 / (956) 523-4900
Fax: (956) 523-5054

Orderon Amended Verified Petition for Expunction of Records
Cause No. 8044 / Juan Jose Garcia

000050
t- , ^v
D)V'
CORA MTZ CASTANdN
044 Oi
2015 APR -1 AK>5U
EX PARTE IN THE DISTRICT COURT

zamWountyAexas
49TH JUDICIAL DISTRICT
BY_ .DEPUTY
JUAN JOSE GARCIA ZAPATA COUNTY, TEXAS

TEXAS DEPARTMENT OF PUBLIC SAFETY'S
NOTICE OF RESTRICTED APPEAL

Respondent, the Texas Department of Public Safety, an entity exempt from the

prepayment of filing fees and other court costs, gives notice of its intent to appeal the

judgment in this case. TEX. Crv. PRAC. & REM. CODE ANN. § 6.001(b)(2); Texas Atty.

Gen. Op. No. DM-459 (1997).

1. The trial court is the 49th Judicial District Court of Zapata County, Texas.
The style of the case is, "EX PARTE JUAN JOSE GARCIA," No. 8,044.

2. The judgment was signed on September 29, 2014.

3. Respondent wishes to appeal the Order of Expunction.

4. Respondent appeals to the Fourth Court of Appeals, located in San
Antonio, Texas.

5. Respondent, Texas Department of Public Safety, is the only party filing this
notice.

6. Respondent is a party affected by the order of the trial court.

7. Respondent did not participate, personally or through counsel, in the
hearing that resulted in the final judgment it is appealing.

000051'
8. Respondent did not file any post judgment motions, request for findings of
fact and conclusions of law, or notice of appeal.

Respectfully submitted,

D. Kaylyn Betts
Crime Records Attorney
State Bar No. 24064894
Texas Department of Public Safety
Crime Records Service (MSC 0234)
P.O. Box 4143
Austin, Texas 78765-4143
Tel. (512) 424-5836
Fax (512) 424-5666
kaylyn.betts@dps.texas.gov

ATTORNEY FOR RESPONDENT,
DEPARTMENT OF PUBLIC SAFETY

000052
V *

CERTIFICATE OF SERVICE

This certifies that a copy of this notice of appeal has been sent to the Court and

served upon the attorney of record for the opposing party by United States CertifiedMail,

return receipt requested, with sufficient postage affixed thereto, on March 27, 2015.

u7
D. Kaylyn Betts
Crime Records Attorney
Texas Department of Public Safety

c: Calixtro Villarreal, Jr., Attorney CMRRK# 7012 3460 0003 3291 9752
102N.Texas St.
Rio Grande City, Texas 78582

000053
r

/^>
) D)

EX PARTE 2015 APR-I Af5U IN THE DISTRICT COURT

FILED §
COUNTY/TEXAS 49TH JUDICIAL DISTRICT

OECUTY
JUAN JOSE GARCIA ZAPATA COUNTY, TEXAS

DESIGNATION OF CLERK'S RECORD

Respondent, the Texas Department of Public Safety, is appealing this case to the
Fourth Court of Appeals at San Antonio, Texas.

1. The Order of Expunction was signed by the trial court on September 29,
2014.

2. Respondent asks you to include the following documents in the record you
prepare:

(1) The Petition for Expunction and any amended pleadings of
petitioner.

(2) Any and all responsive pleadings (including, but not limited to
general denial) filed by any of the law enforcement agencies named
in the Petition for Expunction.

(3) All Fiats/Notices of Hearing and accompanying certified mail/return
receipt card(s) indicating service of notice by certified mail for each
fiat/notice mailed to each of the law enforcement agencies named in
the Petition For Expunction for the original hearing date (i.e.,
January 22, 2013) and any other settings. The fiats/notices and
accompanying certified mail/return receipt card(s) shall include the
fiats/notices and certified mail/return receipt card(s) notifying The
Texas Department of Public Safety, Crime Records Service, P.O.
Box 4143 Austin, Texas 78765-4143 and/or 5805 N. Lamar Blvd.,
P. O. Box 4087, Austin, Texas 78773-0140.

(4) The Order of Expunction signed by the trial court on September 29,
2014, and any other order/judgment entered by the trial court.

(5) Copy of the trial court's Docket Sheet in Cause No. 8,044.

000054
 (6) • Copies of any exhibits introduced into evidence and either admitted
;. ' into evidence or refused admission by the trial court as evidence in
Cause No. 8,044, if such are in your possession.
n
h
The Notice of Appeal.

F PUBLIC SAFETY
5805 NOflMiyffv?pC'ISJ4W?H AUSTIN, TEXAS 78773-0001
DiSFRiCi C51374&4-2000
www.dps.texas.gov
2015 APR -1 A&51I

STEVEN C. McCRAW zapAqounty.texa- f^W COMMISSION
DIRECTOR
DAVID G. BAKER
ROBERT J. BODISCH.SR.
CHERYL MacBRIDE
^jyj^ZuEPUTY u u
A CYNTHIA LEON, CHAIR
MANNY FLORES
FAITH JOHNSON
STEVEN P. MACH
DEPUTY DIRECTORS RANDY WATSON

March 27, 2015

Cyndy Lenz, CMRRR# 7012 3460 0003 3291 9745
Court Reporter
49th Judicial District Court
P.O. Box 789
Zapata, Texas 78076

Re: Ex Parte Juan Jose Garcia, Cause No. 8,044
(49th Judicial District Court, Zapata County, Texas)

Dear Ms. Lenz:

The Texas Department of Public Safety is appealing this case to the Fourth Court of
Appeals at San Antonio, Texas. The Order of Expunction was signed by the trial court on
September 29, 2014. The trial on the merits was held on or about January 22, 2013 or
September 29, 2014 before the Honorable Jose Antonio Lopez.

Please prepare, file, and certify the entire reporter's record, including, but not limited to,
the entire court reporter's transcription of:

1. the calling of the case;

2. all discussion during trial between the judge and the attorneys;

3. opening statements;

4. testimony of all witnesses;

5. the introduction of all exhibits;

6. objections to the introduction of exhibits and the rulings of the trial court thereon;

7. any objections to testimony made by any party who participated in the trial and the
rulings of the trial court thereon;
OOOObO
EQUAL OPPORTUNITY EMPLOYER
COURTESY • SERVICE • PROTECTION
 8. any offers of proof and/or bills of exception;

9. any exhibits in your possession that were introduced by any party and the rulings of
the trial court thereon; and

10. closing arguments.

The original of the reporter's record must be filed with the Fourth Court of Appeals in San
Antonio on or about April 27, 2015. If there is no reporter's record available, please file an
affidavit to that effect.

Please submit a statement of costs to the Department of Public Safety for the preparation
of the reporter's record. Please include your vender identification number on the statement.
Payment will be made upon receipt of the statement. Please send the statement and a copy
of the reporter's record or a copy of the affidavit electronically to:
kaylvn.betts@dps.texas.gov or to the following address:

Texas Department of Public Safety
Crime Records Service (MSC 0234)
P.O. Box 4143
Austin, Texas 78765-4143

If you have any questions, feel free to contact me.

Yours sincerely,

D. Kaylyn Betts
Crime Records Attorney
Texas Department of Public Safety
(512)424-5836
kaylyn.betts@dps.texas.gov

0000b
 CERTIFICATE OF SERVICE

This certifies that a copy of this request for a reporter's record has been filed with the

Court and served upon the attorney for the opposing party by United States Certified Mail,

return receipt requested, with sufficient postage affixed thereto, on March 27, 2015.

D. Kaylyn Betts
Crime Records Attorney
Texas Department of Public Safety

c: Calixtro Villarreal, Jr., Attorney CMRRR# 7012 3460 0003 3291 9752
102N.Texas St.
Rio Grande City, Texas 78582

000Ob 2
 CIVIL DOCKET CASE NO. 8»044
_o
CD
Soott-Merriman Inc. T1111487JB
(—i
Kind of Action DATE OF FUSING
NUMBER OF CASE NAMES OF PARTIES ATTORNEYS
01-14
and Party Demanding Jury Mo. Day c,-) Year
8,044 EX PARTE: JUAN JOSE GARCIA CALIXTRO VILLARREAL EXPUNCTION JUNE 19 2012
-rorrn-TEXAs s i .
RIO GRANDE Clf^, TEXAS 78582 Jury Fee,
^56-487 3739
FEE BOOK
956-487-8670 fax
fcVol. Page Paid By
Dft. Jury No.
DATE OF ORDERS Was MINUTE BOOK
Stenographer ORDERS OF COURT PROCESS
Month Day Year Used? Vol. Page
"7*
JUNE 19 2012 VERIFIED PETITION FOR EXPUNCTION OF RECORDS
CASE CALLED IN ZAPATA BEFORE JUDGE JOSE A. LOPEZ.
SEPT 2012 CASE RESET TO 10-1-12 @ 1:30 pm. GINNY
OCT. 15 2012 AMENDED VERIFIED PETITION FOR EXPUNCTION OF RECORDS
OCT. 15 2012 ISSUED CITATION BY MAILING TO TEXAS DEPARTMENT OF PUBLIC SAFETY (VIA CMRRR) 7010 0780 0000 2451 7916
OCT. 15 2012 ISSUED CITATION BY MAILING TO JAIL/SHERIFFS DEPT. OF ZAPATA COUNTY, 7010 0780 0000 2451 7923
i^A-MAOTINEZT^USTOD:E^OF-REeQRDS-(^^
15 2012 ISSUED CITATION BY MAILING TO FEDERAL BUREAU OF INVESTIGATIONS, LAREDO 7010 0780 0000 2451 8326
J)XVISION-(VIA__CMRRR)
OCT. 15 2012 ISSUED CITATION BY MAILING TO CLERK OF THE DISTRICT COURT, DORA RAMOS 7010 0780 0000 2451 7954
(VIA CMRRR)
OCT. 15 2012 ISSUED CITATION BY MAILING TO DISTRICT ATTORNEY, HON. ISIDRO ALANIZ, DA 7010 0780 0000 2451 7947
(VIA CMRRR)
OCT. 15 2012 ISSUED CITATION BY MAILING TO COUNTER CLERK, MARY JANE VILLARREAL-BONOAN 7010 0780 0000 2451 7978
TVETCMRRR)
OCT. 15 2012 ISSUED CITATION BY MAILING TO COUNTY ATTORNEY, HON. ALFONSO FIGUEROA 7010 0780 0000 2451 7961
(VIA CMRRR)
.h tLM JhuO/iihj^fyijriti^^ )th/h- -/^
 vs. No.
CD
DATE OF ORDERS MINUTEBOOK
ORDERS OF COURT CD
Month Day Year Vol.
2 it >£ Mvt-/&
Mt JL /^/ ^fr. &^ 9vAA^ ^^ ,WWfe-
M a&t v\AmAi VWi^) VjuWA ^^viuu^^^NvMi^tfj^ , fWaAa vW 'vKi^tfY^-
Ndvr. 3W RjWamA QjwAjqVvaA )PAjlM^ ^AP-i^ (^JvX< ifto^VMUf AwV^S VyVwJXfijTf—
DEC 03 2012 SEARCH RESULTS, ZAPATA COUNTY CLERK
hftt- ao ama
IAN 22 2013
CASE
CASE CALLED IN ZAPATA
CALLED IN ZAPATA BEFORE
BEFORE JUDGE
JUDGE JOSE
JOSE A.
A. LOPEZ.
LOPEZ. PETE GARZA PRESENT FOR STATE. CALIXTrV VILLARREAL
PRESENT.DEFT IN CUSTODY. CASE RESET FOR 2-4-13 @ 9:00 am
CASE CALLED IN ZAPATA BEFORE JUDGE JOSE A. LOPEZ. PETE GARZA PRESENT FOR STATE. CALIXTRO VILLARREAL
FEB. 2013 PRESENT FOR DEFENDANT. DEFENDANT PRESENT IN CUSTODY. ORDER TO BE SUBMITTED TO DA FOR APPROVAL.CAS] ;
RESET TO 3-25-13 @ 9:00 am
CASE CALLED IN ZAPATA BEFORE JUDGE JOSE A. LOPEZ. PETE GARZA PRESENT FOR STATE.DEFT. JUAN JOSE
MARCH 26 2013
GARCIA IN CUSTODY. MOTION FOR CONTINUANCE. CASE RESET FOR 4-23-13
MARCH 26 2013 MOTION FOR CONTINUANCE
CASE CALLED IN ZAPATA BEFORE JUDGE JOSE A. LOPEZ. PETE GARZA PRESENT FOR STATE. DA TO REVIEW ORDEt
NOV. 12 2013 CASE RESET TO 12-2-13 g.10:00 am FOR ENTRY OF JUDGMENT.
CIVIL DOCKET CASE NO. IMl
vs. No. 1MI—
 CLERK'S CERTIFICATION

THE STATE OF TEXAS:

COUNTY OF ZAPATA:

I, Dora Mtz. Castafion, Clerk of the 49TH District Court of
ZAPATA County, Texas do hereby certify that the record on
appeal to the 4th COURT OF APPEAL of Texas in Cause No. 8,044
and styled:

EX PARTE

JUAN JOSE GARCIA

in the District Court of ZAPATA County, Texas, appears of record
as manifest, to which this certification is attached thereto and
made a part thereof, contains a true and correct transcript of all
matters and proceedings had and done in said cause.

Given under my hand and official signature and seal of office at
Zapata, Texas this the 5th day of May 2015.

Dpra Mtz. Castafion, District Clerk

Zapata County, Texas

ByC^ti&htJbr Deputy

©TDCA2005

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