TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-01-00454-CV

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Ex parte Kenneth Wayne Thomas

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FROM THE DISTRICT COURT OF RUNNELS COUNTY, 119TH JUDICIAL DISTRICT

NOS. 3799 & 3825, HONORABLE CURT F. STEIB, JUDGE PRESIDING

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Kenneth Wayne Thomas petitioned the district court for expunction of the records in the above causes on the ground of acquittal. See Tex. Code Crim. Proc. Ann. art. 55.01(a)(1) (West Supp. 2001). On June 4, 2001, the district court denied the request after finding that Thomas had not been acquitted. Instead, the court found that the two causes had been dismissed following reindictment, that appellant had been convicted on the new indictment, and that the conviction had been affirmed on appeal.

Thomas challenges the court's findings in his pro se brief. The record, however, supports the findings. We have considered the contentions raised in the pro se brief and find no basis for disturbing the district court's order.

The order is affirmed.

David Puryear, Justice

Before Justices Kidd, B. A. Smith and Puryear

Affirmed

Filed: August 30, 2001

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