ACCEPTED 14-15-00288-cv FOURTEENTH COURT OF APPEALS HOUSTON, TEXAS 8/13/2015 11:57:06 AM CHRISTOPHER PRINE CLERK NO. 14-15-00288-CV IN THE COURT OF APPEALS FILED IN 14th COURT OF APPEALS FOR THE HOUSTON, TEXAS FOURTEENTH DISTRICT OF TEXAS 8/13/2015 11:57:06 AM HOUSTON, TEXAS CHRISTOPHER A. PRINE Clerk

IN RE ANTONIO SEPEDA, Relator

Appealed from the 212lh Judicial District Court of Galveston County, Texas Cause No. 14CV0020

THE STATE OF TEXAS' RESPONSE TO RELATOR'S ORIGINAL PROCEEDING OF WRIT OF MANDAMUS

JACK ROADY CRIMINAL DISTRICT ATTORNEY GALVESTON COUNTY ALLISON LINDBLADE ASSISTANT CRIMINAL DISTRICT ATTORNEY GALVESTON COUNTY STATE BAR NO. 24062850 59TH STREET, SUITE 1001 GALVESTON, TX 77551 (409) 766-2355, FAX (409) 766-2290 [email protected] TABLE OF CONTENTS SECTION PAGE Identity of Parties and Counsel .......................................................................................... ii Table of Contents ................................................................................................................... 1\1 Index of Authorities ............................................................................................................... IV Statement of the Case ............................................................................................................ 1 Summary of the Argument...................................................................................................2 SOLE ISSUE............................................................................................................................ 3 How is Sepeda entitled to mandamus relief when he can now appeal the final order denying his petition for expunction?

Argument and Authorities....................................................................................... 3 Sepeda is not entitled to mandamus relief because he can appeal the trial court's order of denial. ...........................................................................3 Conclusion and Prayer.......................................................................................................... 5 Certificate of Service............................................................................................................. 6 Certificate of Compliance....................................................................................................6

Ii IDENTITY OF PARTIES

Relator Antonio Sepeda Respondents Hon. Patricia Grady The State of Texas, Galveston County Criminal District Attorney's Office

jil INDEX OF AUTHORITIES

CASES Ex parte Sepeda, 14-14-00946-CV, 2015 WL 122744, at *2 (Tex. App.- Houston [14th Dist.] Jan. 8, 2015, no pet.) ......................................................... 1 In re Moody Nat. Kirby Houston S, LLC, 412 S.W.3d 570,571 (Tex. App.- Houston [1st Dist.] 2013, no pet.) ........................................................................ 4 Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) ................................ 4 State v. Walker, 679 S.W.2d 484,485 (Tex. 1984) ............................................... 4 Walker v. Packer, 827 S.W.2d 833,839 (Tex. 1992) ........................................ 3, 4

iv TO THE HONORABLE COURT OF APPEALS: Now comes Jack Roady, Criminal District Attorney for Galveston County, Texas, and files this response to Relator/Sepeda's petition for writ of mandamus for the State of Texas.

STATEMENT OF THE CASE Relator Antonio Sepeda filed Petitioner's Request for Expunction on January 6, 2014. See Attachment 1. Sepeda's expunction, case number 14CY0020, was set on the trial court's docket for a status conference on April 3, 2014, for a hearing on June 13, 2014, and for a check status on June 16, 2014.

See Attachment 2. Although the trial court took the case under advisement, there was no ruling. See id. On November 25, 2014, Sepeda filed Appellant's Restricted Notice of Appeal, assigned number 14-14-00946-CY. On January 8, 2015, this Court issued an opinion dismissing appeal number 14-14-00946-CV for want of jurisdiction without prejudice. See Ex parte Sepeda, 14-14-00946-CV, 2015 WL 122744, at *2 (Tex. App.-Houston [14th Dist.] Jan. 8, 2015, no pet.) (not designated for publication). On March 20, 2015, an Order on Mandate for appeal number 14-14-00946-CV was issued.

On April 1, 2015, Sepeda filed a petition for writ of mandamus to compel the trial court to rule on his expunction petition in case number 14CV0020. On April 23, 2015, this Court sent an Abatement Order to Sepeda and to the trial court. On July 21, 2015, this Court sent an Order reinstating the mandamus proceeding. On July 22, 2015, the State filed an Original Answer and General Denial to Relator/Sepeda's expunction petition in case number 14CV0020. See Attachment 3. On August 12, 2015, the trial court signed an order denying Sepeda's petition for expunction. See Attachment 4.

SUMMARY OF THE ARGUMENT Antonio Sepeda petitioned this Court for a writ of mandamus to compel the trial court to rule on his expunction petition. Since he filed his writ, the trial court denied Sepeda's petition for expunction in case 14CVOO20. Because Sepeda has an alternate remedy at law, his writ of mandamus should be denied.

SOLE ISSUE How is Sepeda entitled to mandamus relief when he can now appeal the final order denying his petition for expunction?

ARGUMENT AND AUTHORITIES Sepeda petitioned this Court for a writ of mandamus to compel the trial court to rule on his expunction petition. Since he filed his writ, and at the behest of this Court, the trial court ruled on the expunction petition. Therefore, Sepeda's writ of mandamus should be denied.

Sepeda is not entitled to mandamus relief because Ile can appeal tile trial court's order of denial.

Mandamus relief is available only to correct a clear abuse of discretion when there is no adequate remedy by appeal. See, e.g., Walker v. Packer, 827 S.W.2d 833,839 (Tex. 1992); see also In re Moody Nat. Kirby Houston S, LLC, 412 S.W.3d 570, 571 (Tex. App.-Houston [1st Dist.] 2013, no pet.). "Mandamus will not issue where there is 'a clear and adequate remedy at law, such as a normal appeal.'" Walker, 827 S.W.2d at 840 (quoting State v. Walker, 679 S.W.2d 484,485 (Tex. 1984».

In a final order, the trial court denied Sepeda's petition for expunction in 14CVOO20. See Attachment 4. Sepeda may appeal the trial court's denial of his petition for expunction. See Lehmann v. Har-Con Corp., 39 S.W.3d 191, 195 (Tex. 2001) (The general rule, with a few mostly statutory exceptions, is that an appeal may be taken only from a final judgment.). Accordingly, mandamus relief is not appropriate in this proceeding because Sepeda has an adequate remedy by appeal. See Walker, 827 S.W.2d at 840. Therefore, this Court should deny his petition for writ of mandamus. See Moody Nat. Kirby Houston S, LLC, 412 S.W.3d at 571.

CONCLUSION AND PRAYER WHEREFORE, PREMISES CONSIDERED, the State prays that the mandamus be denied.

Respectfully submitted, JACK ROADY CRIMINAL DISTRICT ATIORNEY GALVESTON COUNTY, TEXAS

lsi :Afffson lJnlhfacfe ALLISON LINDBLADE Assistant Criminal District Attorney State Bar Number 24062850 59th Street, Suite 1001 Galveston, Texas 77551 Tel (409)766-2452/Fax (409)765-3261 allison. [email protected]

CERTIFICATE OF SERVICE The undersigned Attorney for the State certifies a copy of the foregoing response was sent via certified mail, return receipt requested or via email, to Hon.

Patricia Grady of the 212th Judicial District Court of Galveston, Texas and to Antonio Sepeda, Relator/Petitioner, TDCJ#00469585, Coffield Unit, 2661 FM 2054, Tennessee Colony, Texas 75884 on August 13, 2015.

lsi ll({json fincf6fale ALLISON LINDBLADE Assistant Criminal District Attorney Galveston County, Texas

CERTIFICATE OF COMPLIANCE The undersigned Attorney for the State certifies this brief IS computer generated, and consists of 631 words.

lsi ll{lison fincf6fale ALLISON LINDBLADE Assistant Criminal District Attorney Galveston County, Texas

APPENDIX

AITACHMENT NUMBER Petitioner's Request for Expunction.................................................................................. 1 14CV0020 Case Summary................................................................................................... 2 State's Original Answer & General Denial .....................................................................3 Order of Denial .......................................................................................................................4 No. 14-1S-00288-CV

ATTACHMENT 1 14-15-OO288-CV Attachment I Slale's Response

'" \0-,-' ~"'l:\\1 ZJ ':,.... ) I II u Ex Parte Antonio Sepeda In the District Court of § '1 / 1U ~' . ob'~Jtiiicia.!-- 'District ".-'_ \, Galveston County,Tx.

§

Petitioner's request for ExpunCtion pursuant to TeX.o:rle of Crim.Proc.Ann.art.SS.01 (a) (2) (A) (i) (West2010).The statute of Limitations.

'ID TIlE HC.«ORABLE JUDGE: petitioner is seeking to have misdemeanor dismissal fran all agencies that may have said records of arrest(s),The misdemeanor in question were dismissed by the COunty court at law NO:2 on the following date:2010/04/16.

1).Request expunction of records on cause NO:032976980101.charge of terrorist- ic threat.

STATEMENl' OF ISSUES Petitioner was arrested on this charge and later draped by the county court at law NO:2,petitioner believes he is entitled to have this expunged fran his criminal history. Because it did not result in a conviction •• The matter was properly dismissed by the county court at law NO:2.

EN1'ITLED RELIEF Petitioner should be granted this expunction request,he has met all the requirements of the statute,and petitioner has reason to believe that the following agencis,officials,or other pubUc entities of this state have record concerning his arrest(5) .By the Texas City Police Department.

1).Galveston COunty District Attorney's office for itself and following COUnty agencies: [X) District Clerk [X) County Clerk [X) Sheriff-IO [X) Sheriff-Bond [X) DATA SERVICES [X) AIS Request for expunction

n _I ".

2).TeX.Depart.of crim.Just.,Ciassificatio and records office P.O.Box 99 Huntsville,Tx.77342 3).TeX.Depart.of crim.Just.lnternal Affairs Division P.O.Box 99 Hunstville,Tx.77342 4) .TeX.Board of Pardons and Paroles P .O.Box 13401 Capitol sta.

Austin,Tx.78711 5).TeX.Depart.of crim.Just.Parole Division P.O.Box 13401,capitol sta.

Austin, Tx, 78711 6).TeX.Depart.of PUblic Safety-Crime records Division-MSC 0234 P.O.Box 4143 Austin,TX.78765 7).TeXas City,City attorney and Police departJrent.

8).Justice of the Peace percint 5.Galveston CO.TX.

roICLUSlOO Petitioner request this =urt order these officials, agencies, to expunge all records pertaining to this arrest and cahrge.It is so Requested.

Respectfully Sul:mittedi

~~<'aIf1tJ$ Request for expunction Page 2 of 2 JOlIN D.KINARD DIS'lRIcr CLERK GALVF.S'.lOO CXlUNl'Y

DEX:.30,2013

RE:Petition for expunctioo of Dismissed Charges.

1 ).petition-Deadly coOOuct (Case 00:032976920101 2) .petition assault causes bodily injury family member. (032976950101) 3).Terroristic threat of family. (032976980101) 4).assault causes bodily injury family. (Dated:2009/08/07) (MISllIH:lIOORS ~)

Dear Clerk; Please find for filing with the court the ab:Jve petitions for EKRiGBfl' 'llIERE ARE FOOR(4) separate petitions for each dismissed charges.

Also attached is the Notary Certified ~ of my InIBte T.rust fuId stataEnt fer the past 6 s:nt:bs •. Please 1st _ Jmao.r of any rullngs.'l!IaDk youl !. ' ,. ..: .... ,. f . '.

UIJ1P!If1N' .. ~L/ / 7 . I:w, J;' 7:f.:;- ,. . /::t!s;-(fS- .'" . "

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;;'66( P/11;Z 05 r Te f7!?e ~6ee {'(9/ofJ'/J Tk· s-8tf'if No. 14~15~OO288-CV

ATTACHMENT 2 111m DISfRICT COURT CASE SUMMARY 14-IS-00288-CV Attlchml.'tll2 StllC'S Response CASE No. 14-CV-0020 Suit in Accordance with Article 55.01 Code of Criminal § Location: 212th District Court Procedure § Judicial OOicer: Grady, Patricia § Filed on: 0110612014 § Case Number History: § Appellale Case Number: 14-14-00946-CV § 14-15-00288-CV - Mandamus c-\,,, I'\H)I(\I\ I If"

Related C.ses Case Type: Criminal Matters· Expunction MD-0297698 (Companion Case) Case Statistical Closures Sialus: 0811212015 Disposed 0811212015 Final Judgmenl after Non-Jury Trial Case Flags: Paupers Affidavit Filed See Clerks Note Tab 1)\ II.

Current Case Assignment Case Number 14-CV-0020 Court 2121h Dislnel Court Date Assigned 1213112014 Judicial Officer Grady. Patricia Previous Case Assi~nments Case Number 14-CV-0020 Court 2121h Dislriet Court Dale Assigned 0112712014 Judicial Officer Griffin, Bret Reason Other CasoNumher 14-CV-0020 Court 212th District Court Date AssiAlled 0110612014 Judicial Officer Criss. Susan Reason Other

1'\lln I'iHm\I\IIO,\ Lead ""orneys Applicant Sepeda, Antonio ProSe 4094971628(H) Respondent AIS Data Services Galveston County Clerk Galveston County District Attorney's Office Lindblade. Allison Relained 409-766-2364(W) Galveston County District Clerk Galveston County Sheriff Department Justice ofthe Peace Precinct 5 Tn.s Board of Pardons & Paroles Texas City Attorney's Office

PAGE IOF6 Printed on 0&·13.12015 alll :28 AM 212TII DtSTRtCf COURT CASE SUMMARY .. CASE No. 14-CV-0020 Texas City Police Deplrtmt'ni Texas Department Of Criminal Justice Texas Department or Criminal Justice Internal Affairs Division Texas Department of Criminll Justice Parole Division Texas Department Of Public Sorely, for itself and TCIC, NCIC, FBI Appenlnt Sepeda, Antonio Pro Se 4094971 628(H) ElI·: "ns,,~ OIWl.l("" urnn-. COl RT 0110612014 ~ Original Petition - DCA Party: Applicant Sepeda, Antonio senllo Director ofGovrn AjJrs 0110612014 6j Affidavit of Inability to Pay Court Costs Party: Applicant Sepeda, Antonio 0110612014 ~Motion Party: Applicant Sepeda, Antonio TO PROCEED WITHOUT PREP,' YING FEES OR COSTS WITH PROPOSED ORDER WITHIN DOCUMENT 0110612014 {U Declaration Party: Applicant Sepeda, Antonio RELATING TO PREVIOUS CASE FILINGS. SENT TO DIRECTOR OF GOVRN AFFRS 0110612014 ~ Declaration Party: Applicant Sepeda, Antonio 0110612014 ~ Copy of Notice Party: Applicant Sepeda, Antonio SIC MAILED TO PRO SE PLTF 0110712014 ~ Correspondence from Clerk of Court Mailed to Pro Se Party

0111412014 {U Order (Judicial Officer: Judge, Visiting) Order Granting motion to proceed in Forma Pauperis receivedfrom COllrl on AprilS. 201-1; file relurnedJrom court and liD order or notice ofexplmction hearing rec'd by clerk 0112112014 Ul Correspondence Party: Applicant Sepeda, Antonio re: service, copies for service. no addresses for some respondents. elc.• senllo director of governmental affairs

0112112014 c!:U Motion Party: Applicant Sepeda, Antonio A10TION TO ATTEND HEARING BY TELEPHONE CALL OR OTHER EFFECTIVE MEANS INCLUDES PROPOSED ORDER 0112112014 {U Receipt Acknowledge Party: Applicant Sepeda, Antonio ACKNOWLEDGES STATUS CONFERENCE SETTING

PAGE20F6 Prmled on 08113120105 0111:28 AAI 212T11 DISTRICf COURT CASE SUMMARY CASE No. 14-CV-0020 01/2112014 Qj Motion Party: Applicant Sepeda, Antonio MOTION AND NOTICE OF MOTION FOR JUDICIAL NOTICE OF FACTS 01/21/2014 ~ Motion to Consolidate Party: Applicant Sepeda, Antonio SENT TO 212T1l COURT 01/21/2014 G:l Proposed Order (unsigned) ON CONSOLIDATION 04/0312014 Status Conference (9:00 AM) (Judicial Officer: Griffin. Bret)

04/08/2014 Qj Notice - From Court of Selling Date (Judicial Officer: Griffin, Bret ) Notice ofselling mailed to Applicant and Notices issued 10 Respndents with address info listed in Petition (2 Respondenls - Applicant/ailed 10 provide address info) 04/08/2014 Qj Correspondence from Court COPY OF SETTING NOTICE SENT TO DISTRICT ATTORNEY BY COURT 04/2412014 G:l Motion to Retain Party: Applicant Sepeda, Antonio Case on Docket.

04/2412014 Qj Correspondence from Pro Se Party Party: Applicant Sepeda, Antonio t0212thCRT.

05/0912014 Qj Correspondence from Clerk of Court Notice of Expunction Hearing 10 Respondent 05/09/2014 Qj Receipt Acknowledge Party: Respondent Texas Department Of Public Safety, for itself and TCIC, NCIC, FBI E-Mail confirmation/rom DPS 05/1212014 Q] Waiver Party: Respondent Galveston County District Clerk by CIM 0/ Hearing Notice 0511212014 Qj Receipt Acknowledge Party: Respondent Texas Department Of Criminal Justice E-Mail Confirmation From TDCJ 05/12/2014 G:l Receipt Acknowledge Party: Respondent Texas City Police Department Email Confirmalionfrom TCPD

05/1212014 G:l Receipt Acknowledge Party: Respondent Justice of the Peace Precinct 5 Email COllflrmationfrom Justice of Peace Pet. 5

0511212014 Qj Receipt Acknowledge

PAGE 3 OF 6 Printed on 0811312015 alll:28 AM 212T11 DISTRICT COURT CASE SUMMARY CASE NO. 14-CV-0020 Party: Respondent TexlIS City Attorney's Omce E-Mail ConflrmalionFrom Texas City Attorney's Office 05/1212014 Qj Receipt Acknowledge Party: Respondent Data Services E-Mail COIifirmationfrom Data Services 05/1312014 Q.1 Waiver Party: Respondent Galveston County Clerk oj Delivery by CIM - Notice oj Hearing.

05/13/2014 QJ Waiver Party: Respondent Galveston County Sheriff Department Waiver ofservice by e lF 0511412014 QJ Green Card Returned/Delivered Date: 05114/2014 Notice a/Delivery Confirmation of Expunction Hearing on TDCJIAD 05119/2014 Qj Green Card Returned/Delivered Date: 05115/2014 Delivery Confirmation of Expunction Hearing Notice on TDCJPD 05119/2014 Qj Green Card Returned/Delivered Dale: 05119/2014 Delivery Confirmation of Expunction Hearing Notice on TBPP 06/13/2014 Expunction Hearing (9:00 AM) (Judicial omcer: Grimn, Bret) pro selTDC - no service requested Taken Under Advisement 06/19/2014 Check Status (9:00 AM) (Judicial Omcer: Grimn. Bret) 08/1112014 ~ Correspondence Party: Applicant Sepeda, Antonio sen/lo court 2 J2th court 11/25/2014 ~ Notice of Appeal - Accelerated Party: Applicant Sepeda, Antonio No Order signed on and no hearing held on 6-13· /-1 11/26/2014 ~ Correspondence from Clerk of Court to Appellant Notifying o/Appeal Court Assignment 11/26/2014 ~ Appeal- Assignment Letter to the Court of Appeals to Nth COllrt of Ilppeals Notifying o/Appeal COllrt Assignment 11/26/2014 ~ Correspondence from Court of Appeal E-Mail conjirmalion/rom 141h CRT 0/Appeals o/Notice 0/Assignment.

11/2712014 ~ Correspondence from Court of Appeal Re: CLR due Monday. December 29, 20N.

1212612014 lEI Appeal - Clerk Record - File Copy PAGE40F6 Printed on 0811312015 alll:28 AAI 212T11 DISTRICf COURT CASE SUMMARY CASE No. 14-CV-0020 Transmitted to I-Ith CRT ojAppeals.

12/26/2014 ~ Correspondence from Court of Appeal Email conflrmalion of TransmiliaI o/eLR.

12/30/2014 ~ Correspondence from Court of Appeal Re: CLRfiled - Post Card.

0110812015 ~ Correspondence from Court of Appeal No/ice ofOpinion Distribution, 01108/2015 ~ Appeal - Judgment from Court of Appeals to 212tll CRT.

01108/2015 ~ Appeal - Opinion to 212th CRT.

03/20/2015 ~ Appeal- Bill of Cost from Court of Appeal 03/20/2015 ~ Appeal - Mandate - Dismissing Order Dismissing Appeal 0312012015 ~ Correspondence from Court of Appeal pos/card re: Mandate 03/23/2015 ~ Order on Mandate (Judicial Officer: Grady, Patricia) Dismissing Appeal and Costs 0[SI95.oo are to be paid by Appel/ale, Antonio Sepeda

0410312015 ~ Correspondence from Court of Appeal re: Writ ofMandamusfiled 0411612015 fil Correspondence to Coun Party: Applicant Sepeda, Antonio 04/2312015 ~ Appeal - Order of Abatement to 212tll CRT.

04/23/2015 ~ Correspondence from Court of Appeal No/ice a/Distribution a/Order.

05/07/2015 Ul Correspondence from Pro Se Party Party: Applicant Sepeda, Antonio Re: MolionJor Ruling.

05/0712015 Ul Request Party: Applicant Sepeda, Antonio Make a Ruling Within a Thirty days: 10 2121h CRT.

0$107/2015 QJ Motion Party: Applicant Sepeda, Antonio to Request a Ruling .. /0 212t" CRT.

PAGE50F6 Prinled on 08113120/5 alll:28 AM 212T11 DISTRICf COURT CASE SUMMARY CASE No. 14-CV-0020 OS/22/2015 ~ Correspondence from Pro Se Party Party: Applicant Sepeda, Antonio 07/2112015 rI!I Correspondence from Court of Appeal No/ice a/Order Distribution. J.I~J5-00288-CV - Writ of Mandamus 07/21/2015 it!! Appeal· Order /4·J5-00288-CV - Writ a[Mandamus; to 2J2th CRT High Priority.

07/2212015 ~ Original Answer Original Answer and General Denial 07/22/2015 ~ Proposed Order (unsigned) Order of Denial 08/1212015 Court Coordinator's Case Notes SIGNED - ORDER OF DENIAL PGIJF 08/1212015 Order Denying Expunction - Final - OCA (Judicial Officer: Grady, Patricia) 08/1212015 ~ Copy of Notice Party: Attorney Lindblade, Allison; Applicant Sepeda, Antonio Order Denying £Tpunclion.

08/1212015 Hearing (10:00 AM) (Judicial Officer: Grady, Patricia) ORDER OF DENIAL ON PETITIONER'S PETITION FOR EXPUNCTION 0810512015 Reset by Court to 0811212015 Held "' 1:"',\ "11;( 1.\I . I , \j."(m,'. \110" Applicant Sepeda, Antonio Total Charges 2.00 Total Payments and Credits 0.00 Balance Due as of 8/13/2015 2.00

PAGE60F6 Prinled on 0811311015 0111:28 AM No. 14-15-00288-CV

ATTACHMENT 3 JOHN D. KINARD· Dislriel Cia Galveston County. Texc Envelope No. 618501 By: Shailja Dh 7123120158:15:46 A 14·IS-00288·CV Cause No. 14-CV-0020 Attachment 3 State's Response

EX PARTE § IN THE DISTRICT COURT § 212th JUDICIAL DISTRICT ANTONIO SEPEDA § GALVESTON COUNTY, TEXAS ORIGINAL ANSWER & GENERAL DENIAL TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW, the Galveston County Criminal District Attorney, by and thrnugh the undersigned Assistant Criminal District Attorney, and files the following Answer and General Denial in response to Petitioner's Petition for Expunction of Records.

I, General Denial The State of Texas denies each and every allegation and demands strict proof thereof.

See Ex parte Jackson, 132 S.W.3d 713, 716 (Tex. App.-DaIJas 2004, no pet.).

II. Case background Petitioner requests an expunction of MD297698, the charge of Terroristic Threat of a Family Member committed on October 11, 2009. See attachment 1 (Original Complaint).

Petitioner's Terroristic Threat of a Family Member, MD297698, was one of the cases that made the basis of the Magistrate'S Emergency Protective Order signed on October 12, 2009.

See attachment 2 (Magistrate's Emergency Protective Order). Petitioner pled guilty to violating said protective order and was sentenced to 8 years in the Texas Department of Criminal Justice, Institutional Division. See attachment 3 (Indictment and Jlldgment in lOCROO38).

The Petitioner now seeks to expunge from his records the very basis for which he is incarcerated. Petitioner's request should be denied.

In. As a prisoner, Petitioner has no absolute right to be present in a civil action Although Sepeda filed a Motion to Attend Hearing by Telephone Conference, as a prisoner, he has no absolute right to be present in a civil action. See In re Z.L.T., 124 S.W.3d 163, 166 (Tex. 2003). In Sepeda's Motion to Attend, Sepeda does not give a required showing that his presence is necessary. To the contrary, he says, "should the court determine that his presence is required, petitioner request he be allowed to proceed by telephone conference call." An inmate's right to access the courts does not entail the right to personally appear for every proceeding. Ex parte Cephas, 410 S. W.3d 416, 421 (Tex.App.- Houston [14th Dist.} 2013, no pet.) Sepeda failed to make the required showing that his presence was necessary at any hearing. See Sepeda v. Slale, 14-14-00443·CV, 2015 WL 4366220, at "'5 (Tex. App.- Houston [14th Dist.} July 16, 2015, no. pet. h.).

lV. Petitioners expunction should be denied because Petitioner hasn't proven he has met all the statutory requirements A person's entitlement to expunction arises only after all statutory conditions have been met. Ex parte S.C., 305 S.W.3d 258, 260 (Tex. App.-Houston [14th Dist.) 2009, no pet.).

Because an expunction proceeding is civil, not criminal, in nature, it is the petitioner's burden to prove that all of the statutory requirements have been met, and when the petitioner fails to carry this burden, the expunction must be denied. See id.; see also Harris County Disl.

Attorney's Office v. Hopson, 880 S.W.2d I, 3 (Tex. App.- Houston [14th Dist.) 1994, no writ). Petitioner has not proven that his case was dismissed for a statutorily approved reason or that the statute of limitations has expired. Petitioner'S assertions are not evidence.

V. There Is No Equitable Power to Extend the Statute

Expunction is neither a constitutional nor common-law right. but a statutory privilege.

Tex. Dep't of Pub. Safety v. J.H.J., 274 S.W.3d 803. 806 (Tex. App. -Houston [14th Dist.]

2008. no pet.).

Texas courts have uniformly held that judges have no equitable power to grant expunctions because the right to an expunction is available only by meeting the requirements of the statute. E.g., S.C., 305 S.W.3d at 260; Herron v. State, 821 S.W.2d 329, 330 (Tex. App.-Dallas 1991, /10 pet.). The trial court has no equitable power to extend the protections of the expunction statute beyond its stated provisions. S. C., 305 S. W.3d at 260.

WHEREFORE having answered, the State of Texas prays that upon consideration of the above answer, the Court DENY any and all relief to Petitioner in the petition before the Court.

Respectfully submitted, JACK ADY C DISTRICT ATTORNEY A'Jl1lm:GtT'ON COUNT ,TEXAS

Assistant Criminal District Attorney Galveston County, Texas State Bar Number: 24062850 59TH Street, Suite 1001 Galveston, Texas 77551 409-766-2452 409-765-3261 fax [email protected]

CERTIFICATE OF SERVICE The undersigned attorney for the State cenifies a copy of the above Answer was mailed to Petitioner, on 1/ ~v ,2015.

Mr. Antonio Sepeda TDCJUOO469585 Coffield Unit 2661 FM 2054 Tennessee, Texas 75884 E Sl t Criminal District Attorney eston County, Texas

Cause No. 14-CV-0020 EX PARTE § IN THE DISTRICf COURT § 2Uth JUDICIAL DISTRICT ANTONIO SEPEDA § GALVESTON COUNTY, TEXAS

Attachment 1 Original Complaint MD297698

WARRANT: N ARRESTING AGENCY: CODE: 16020006 TCIC: 1602 SPN: 0341058 COUNTY COURT NUMBER: 2 CAUSB NO. 29769B DBFENDANT: ANTONIO SBPEDA ADDRESS: 713 8'l'H AVB N, TEXAS CITY, TX 71590 FILING AGENCY: TBlCAS CITY POLICE DEPT. DATB PILBD: 10/15/2009 LOCATION: JAIL CHARGE: TERRORISTIC THREAT 01" FAMILY /aOUSBHOLD COMPLAINANT: AMY CASTRO BONDSMAN:

ORIGINAL COMPLAINT

IN THE mu.m AND BY THB AUTHORITY 01" THB STATE OF TBXAS

BBFORE ME, the undersigned Ass1stant Criminal District Attorney of Galveston County, Texas, thl.s day personally appeared the unders1gned affiant who under oath, says that he has good reason to believe and does be11eve that heretofore on or about the 11th day of October, 2009, and before the making and £111ng of this Complaint, in the county of Galveston and State of Texas, ANTONIO SBPBDA, hereinafter styled Defendant,

DID THBN AND THERE THREATEN TO COMMIT AN OFFENSE INVOLVING VIOLENCE TO A PERSON, NAMELY, TO MURDER, WITH INTENT TO PLACB AMY CASTRO IN PEAR OF IMMINENT SERIOUS BODILY INJURY, AND SAID CONDUCT OF THE DEFENDANT CONSTITUTBD FAMILY VIOLENCE.

AGAINST THE PRACE AND DIGNITY OF THB STATE.

Sworn to and Subscribed before me this 15th day of October, 2009.

:;I Affiant As Criminal

FILING ORIGINAL Cause No. 14-CV-0020 EX PARTE § IN THE DISTRICT COURT § 212tb JUDICIAL DISTRICT ANTONIO SEPEDA § GALVESTON COUNTY, TEXAS

Attachment 2 Magistrate's Emergency Protective Order

~2/0e/2ele 11: 57 4Bgg435744 TCPD PAGE Bll0S

NO. C()5cA /~<O3 '.

THE STA.TE OF TEXAS C;Q)\P'~ APPLICANT IN ~ C:1.;, P1Qo1ic~JURT ~ "'. PRECINCT • PLACE ANTONI() SEPEDA, RESPONDENT GALVESTON COtINTY, TEXAS

REQUEST FOR MAGISTRATE'S EMERGENCY PROTECTIVE ORDER On thi..... the 11TH day of OCl'OBER, 2009. AMY CASTRO APPUCANT, files biB request for this COIlJt to issue a Magisttatc's Emergency Protedive Order for the bc:I1ef1t IIDd protection of the following lIamed (IImOns:

AMY CASTRO is the WIFE of the respoodenL AppliC3llt alleges that ANTONIO SEPEDA, RESPONDENT, bas been arrested (or an offense t"'(6' involving :family violence or an offense under Section 42.072. PCDBi Code (e.g., stalking) against {) _.. - the per5OlII;S) named above. [Applicant fIInhcr alleges that the am:st was for an offense dtal also ~involvcd serious bodily Injury to the victim, or the U!e of exhibition of a deadly weapon duriDg the ..... ~ commission of an assaulL) +. fA ApplioUlt alleges the Court to grant protection by prolu'biting RC3pOIIdent ftom: <S (8) Committing family violence or an assault on AMY CASmO; ~ (b) CommittlDg an act In 1\Jnherance of an otrCDSe under Section 42.072, Penal Code; (e.g. stalking); (e) Communicating diRdly with AM( CASTRO or with a member of AMY CASTRO fiunily or household in a IhraItening or harassing II1IIIIDIr, (d) Going within 200 yards of AMY CMmO's residence at 713 8TH AV N, TEXAS CITY. TEXAS or the residence of membCIII of AMY CASTRO's fiunily or household at 719112 8lH AVN. ~l/~~/l~lB 11:57 4B99435744 .... ~-- TCPD PAGE El2/aS .. (c) Going within 200 yards of AMY CASTRO's place of employment or business at UNEMPLOYED or the place of cmploymeD1 or business of members of AMY CASTRO's famny or housdJull1 at NONI!. (1) Going within 200 yards of ROOSEVELT wasON EMEMENTARY school at 301 161HAVN. <&1· Going withill 200 yards of NAUDIA-LANAEE MASSIATI'E child can: facility at NONE.

Dale

-- .. _. "--" ---.....- ----- ... _. - -. ~2/08/2010 11:57 4099435744 TCPD PAGE 03/05

NO. _ _ __ THE STATE OF TEXAS

AMY CAi3TRO, APPUCANr ~TBE ________ COURT vs. PRECINCl' _~. PLACE ANTONI!} SEPEDA, RESPONDENT GALVESTON COUNTY. TEXAS

MAGlSTRATE'S EMERGENCY PROTECTIVE ORDER On the 11111 day of ocrOBER, 2009, came on to be heard AMY CASTRO APPUCANT, requesting that this Court issue a Magistrate's Emergency Protective Order again... ANTONIO SEPEDA. RESPONDENT. The Court finds that on OCTOBER JI111, 2009. Respondent was arrested by T. KRlETEMEYER., a duly authorized peace officer, for the offenses of: DEADLY CONDUtJ!' I ASSAULT CAUSES BODlT.Y lNruRY - FAMILY VIOLENCE I TERRORISTIC THREA1' OF FAMILY OR HOUSEHOLD. [The court also finds that the arrest was for an offmse involviD~1 serious bodily iqjury to the victiJII or Ib.. use or crxhibitioa of II deBdly weapon during tbe commissIon of an assauIL] The Court further finds request was ptOpc:rly made for a MaiPstntc's Emergency Protective Order.

NOW THEREFORE, AppUcant's request for an Emerp1CY Prvtectiva Order is GRANTED accordioj~ to the tenns set forth below.

ORDERS rr IS· ORD~D by tbis Court. pmswwt Iu Artic:le 17.292, TClUIII Cod. of Criminal Proeed\lte, that AN'rONIO SEPEDA, RESPONDENT, shall be prohibited fi:om:

CommittlnR family violence or an assault on AMY CASTRO;

Committing AD ClOt in ibrthCl'llllC8 of an offense nncler Seeion 42.072, Penal Code; (c.g. stalking)

Communicating directly with AMY CASTRO or with a memb£l' oCher family or household in a threatening or harassing manner;

\ - 92/69/2616 .. 11-: 57 \ . - 46994 35744 TCPD PAGE B4/65 , .

Goinl within 200 yards of AMY CASTRO's residence at 713 Slll AV N, TEXAS CITY, TIC, or the residence of members of AJYr( CASTRO's fanu1y or household at 719 1/2 gTlf AYN.

Going within 200 yards of AMY CASTRO's place of employment or busineos at UNEMPLOYED or tho place of employment or business of members of AMY CASTRO's family or household at NONE.

Going within 200 yards of ROOSEVELT WILSON ELEMENTARY school at 301 16 AYN.

Going within 200 yards ofNOm child care DROP DOWN MHNU at NONE.

IT IS FURTHER ORDERED that respondent, ANTONIO SEPEDA's license 10 carry a cooceallltlluandgun issued WIder Sectlnn 411.l77, Govc:mment Code, is hereby suspended.

IT IS fUKl1iER ORDElUID that the Rapudcut sbaI1 be sc:rwd • <:cpy of this Protective Order in open court at the Magislrale's hearing, which Protective Order shall be in fUll force and eftect whc:n SeI'/ed on Respondent.

IT IS FURTHER ORDERED that copies of this Plotective Older shall be sent immc:diately to the ChId' of th_ TBXAS ClTY, TEXAS Police DcpIn1ment, the SberiiJ of GALVESTON County.

Texas, th.c Constable ofPrecfnct Number 5, and the VIctim of the offc:nse, AMY CASTRO, (and NAUDIA·LANAEE MASt)JArrE's school and chlld care 1hc:ility.]

WARNING A VIOLo\nON OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS 54,000.00 OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACI THAT RESULTS IN FAMILY VIOLENCE OR A STALKING OnENSE MAY BE PROSECOIED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFIlIEMENT IN PRISON roR AT LEAST TWO YEARS.

NO PERSON, lNCLUDlNG A PERSON WHO IS PROTECTED BY TBJS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF Tms (]/RDER. DURING THE TIME IN WHICH THIS ORDER IS VALlD. EVERY D~/d~/~dld ll:~f 4a9943s744 TCPD PAGE as/as ..

PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECI' UNLESS A COURT CHANGES THE ORDER.

ALL SAID, MAGISlRATE'S ENTERED AND TAKES BFF~Jljis the ~~~~~;~~~:~=:~~~ -t remains ill effect untit the 1.··J~da --::f,.#!2::::..t-_~~~:-'"

RECElPf ACKNOWLEDGEMENT I. ANTONIO SEPEDA, hereby aclaIOwletlee that I have r=ved a copy of this Protective Order in open Court at the bearing in Ibis matter pursuant to 17.292, Texas Code of Criminal Procedun:. i... thl.iz 'Y'0 /0 , RESPONDENT

Il I, c. ev1.~ ~ ~fJhi- Protective Ord2 OfIic ANTONIO S Court 0 County, A on this ~ /..~~!'i1 _t.LJL,..£..-Y-:'(/~r--" PP.?

o1ifICER OF C:m:JR.'t._"'::') Cause No. 14-CV-0020 EX PARTE § IN THE DISTRICT COURT § 212th JUDICIAL DISTRICT ANTONIO SEPEDA § GALVESTON COUNTY, TEXAS

Attachment 3 Indictment and Judgment lOCR0038.

-------- - _.. ._ . ~/fJ-IO /0 C/l. tJ)3f3 In the Name and by Authority of the State of Texas: THE GRAND JURORS for the County of Galveston, State aforesaid, duiy organi:ed as such at the January Term, A. D., 2010, of the District Court of .aid County, 405th Judicial District of Texas, upon their oaths in said Court present that ANTONIO SEPEDA on or about the 14TH day of OCTOBER, A.D., 2009, and anterior to the presentment of this indictment in the County of Galveston and State of Texas, did then and there intentionally or knowingly violate the terms of an order issued by Magistrate George Cooley of the Texa~ City Hunicipal Court Precinct 5 of Galveston County, Texas, on the 12'· day of October, 2009, under authority of Article 11.292, Code of Criminal Procedure, by intentionally or knowingly commltting family violence against Amy Castro, to-wit: Assault Causing Bodily Injury, Firat Enhanc:......nt And it is further presented in and to said Court th.t, prior to the cOllUllis.ion of the aforesaid offense (hereafter styled the primary offense), on the 14TH day of July, 1986, in -:ause number 96-3-1502 in the 24™ J 'J dic:ial District Court of Dewitt County, Texas, the defendant was convicted of the felony offense of Burglary, of a Building, Second Enhanc:......nt And it i. further presented in and to said Court that, prior to the commission of the primary offense. ~nd after the conviction in cause number 86-3-1502 was final, the defendant committed the felony offense of Burglary of a Habitation and was convict.ed on t.he l't day of December, 1987, in :ause 81-9-1650 in the 24'· Judicial District Court of Dewitt County, TeKas. against the peace and dignity of the State.

I, LATONIA D. WILSON, District Clerk, Names of Witnesses: Custodian of Records lor DIstrIct CODE 138990014 Court of Galveston County, Texas, do No. lOCROD38 405rH SPN 10341058 hereby certify that the foregoing is JP 15 TRN 19179213723 AODl a true and COrrect copy of the SID ITX03269771 THE STATE: OF TEXAS original record, now 1n my lawFul DOF: 10/14/2009 custody and filed in this offIce on va. JAIL the day of , 20_ _ , witness my ofEicial hand and seal of this day of AN'tONIO SEPEDA

INDICTMENT - ,20_ _ _ . i'EI.ONlC VIO~ION OF PRDrECTIVE LVdi. -fWD '::l-.u.w,'i· ~~ 5,/1,1f) BOND ;l!{O,r 000- ._ BOND SET ON ;'141$1 (0 , ';Iud"e ACting

..,....

LATONIA D. HXLSON, DISTRICr CLERK m.. 2010 liAR 17 PH. 3,-~!

GALVESTON COUNTlC, rElCAII "- c'" .....

11/, Dad ~ c..n,D'rS rl'tit::1 't Z'R'K BY: __________ " Deputy GAl vr~T!"1 c, ,JIffY. TX. .l·:-------------l -qc , . '\G-\S-ID - CASE No. IOCROO38 CO\JNI' INCIDENT No.ITRN: 917·921·3723 AOOl 1010 OCT IS AH THE STATE OF TEXAS § IN THE 40S~ICrAL 10: 58 v. : DISTRICT ~Q.~,~.';.tt<.l § 11'" vnTO'Ir. 9.£1l1( ANTONIO SEPEDA § GALVESTON COUNTI~~S STATE ID No.: TX0326977l § JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL Dale Judgment Judge Presiding: RON. Wayne J. Mallia Entered: OCTOBER 15,2010 Allorncy for Allomcy for State: BILL REED TOTLE Defendant: Offense for which DefendmK Convicted: FELONY VIOLATION OF PROTECTIVE ORDER WITU ~ ENHANCEMENTS Chnrgjng Instrument: Slatulc.ffir Offense: ~U(D~~I~cnME~~N~T________________________-=ZS~.O~1~P~e=na=.~C~o=de~__________________________ \ Date o(Offense: OCTOBER 14.2009 Degree of Offense: Plea 10 Offense: Findin!!S on Deadly Weapon: 2ND DEGREE FELONY GUILTY N/A Terms of Plea Bargain: ElGin' (8) YEARS INSTITUTIONAL DMSION, TDCJ Plea to 1d Enhancement Plea to 2'" EnhancementIHabituai Paragraph: TRUE Paragraph: ABANDON Findings on ." Enhancement Findings on 2" Paragraph: TRUE EnhnncementIHabituai Paragraph: ABANDON Date Sentence OCTOBER 15,2010 Date Sentence to OCTOBER 15,2010 Imposed; Commence: Punisbment and Place EIGHT (8) YEARS INSTITUTIONAL DMSION, TDCJ of Confinement: THIS SENTENCE SHALL RUN CONCURRENTLY. o SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR Court Costs: Attorney Fees: Sqwoo S inbq aMIMI@ RestilUlion: Restitution Payable 10: $ o VICTIM (see below) 0 AGENCY/AGENT (see below) Sex Offender Regislratlon RequiremcutJ do uot apply to tbe Defendant. TEX, CODE CRIM. PROC. chapter 62 The age oCthe victim at the time oC the offense was

Coded IOCR\1018 JUDQtdENT OF COtMCflON bY COURT· SEPEDA. A."'ITONIO LP ,J If Defendant is to serve sentence in TDCJ. entcr jnfdln:qatjon periods in cbronolo!lical order.

From 10114/09 to 10/15110 From_to_ From _ _ t o _ Time From to From 10 From to Cn:dited: IfDefendanl is 10 serve sentence in county jailor is !liven eredilloward fine and costs. enler daYS credited ~ DAYS NOTES: TOWARD INCARCERATION AU pcrtiDeat information, names ud 8SlIesimenu indicated above are incorporated into the luguage of the JudgmeDt below by reference.

This cause was called for trial in GalVestoD COUDty, Texas. The State appeared by her Criminal District Attorney.

COUDull Waiver O(COUDSei (select one) 181 Defendant appeared in person willt Counsel. o Defendant knowingly, intelligently, and voluntarily waived lite right to representation by counsel in writing in open court.

Both parties announced ready for trial. Defendant waived the right of trial by jury and entered the plea indicated above. The Court then admonished DefeodllDl as required by law. It appean:d to the Court that Defendant was mentally competent to stand trial, made the plea freely and voluntarily, and was aware of the consequences of this pleL The Court received lite plea and entered it of record. Having heard the evidence submitted, lite Court found Defendant guilty of the offense indicated above. In the presence of Defendant, the Court pronounced sentence against Defendant.

The Court FINDS Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court FINDS the i're-seotence Investigation, if so ordered, was done acxording to the applicable provisions of TEx CODE CRIM. PRoc. art. 42.12 § 9.

The Court ORDERS DefendllDt punisbed as indicated above. The Court ORDERS Defendant to pay all fines, court costs, and restitution as indicated above.

PuplsbmeDt Optlops (aeled ope) Commtmeat in State Jail or Inltitutional DlvisloD. The Court ORDERS lite aulhorized agent of the Slillc of Texas or the Sheriff of this County to talco, &afely convey, and deliver Defendant to the Dlrector,lnltitutioDal Division, TDCJ. The Court ORDERS Defendant to be confined for the period and in the manner indicated above. The Court ORDERS Defendant n:manded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court ORDERS that upon release from confinement, Defendant proceed immediately to the Cllve.ton CouDty .peI Pre-TrJ.1 Serylsel. Once there, the Court ORDERS Defendant to pay, or malee arrangements to pay, any remaining WlpIIid finea, court costs, and restitution as ordered by the Court above.

. . . . . tfl. .. "' ,~

•

D Confmement in State JaU or Institutional Division [BOOT CAMPI. The Court further recommends tbat the Defendant be placed in the Alternative Inc:arceration Program (AlP) authorized under Artkle 42.12 See. 8 of the C.C.P. and Sedion 499.052 Government Code for a period of not less thaD seventy-five (75) days or more than ninety (90) days. The Court does not retain jurisdiction over tbe Defendant under Article 42.12 Section 6 of the C.C.P. D County JaiI-Confinement I Confmement in Lieu of Payment. The Court ORDERS Defendant immediately committed to the custody of the Sheriff of Galveston County, Texas on the date the sentence is to commence.

Defendant shall be confined in the Galveston County Jail for the period indicated above. The Court ORDERS that upon release from confinement, Defendant shall proceed immediately to the Galveston County and Pre-Trial Services. Once there, the Court ORDERS Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above.

D Punishment reduced to a Class " A" Misdemeanor under Article 12.44 (a), Texas Penal Code. D FIne Only Payment. The punishment assessed against Defendant is for a FINE ONLY. The Court ORDERS Defendant to proceed immediately to the Office of the Galveston County, Texas Galveston County and Pre-Trial Services. Once there, the Court ORDERS Defendant to payor make arrangements to pay all fines and court costs as ordered by the Court in this cause.

Execution I Suspension of Sentence (seled one) The Court ORDERS Defendant'S sentence EXECUTED. o The Court ORDERS Defendant's sentence of confinement SUSPENDED. The Court ORDERS Defendant placed on community supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the tenos and conditions of community supervision is incorporated into this judgment by reference.

The Court ORDERS that Defendant is given credit noted above on this sentence for the time spent inclII'Cerated.

Attachment "A" Is attached hereto and iDcorporaled herein for aU purposes.

Furthermore. the (oUowlng special findings or orders apply:

Signed and Entered on this the 15TH day of October, A.D., 2010.

405TH JUDICIAL DISTRICT COURT GALVESTON COUNTY, TEXAS

IOCROOlSJUDOAIENTOr COrfflcnON BY COURT· SEPEDA. .U.iONlO A copy furnished to the above named Defendant and noted in the Docket on this the ~ day of October, A.D.,ZOIO.

LATONIA D. WILSON, DISTRICT CLERK, GALVESTON COUNTY, TEXAS ••••••••••••••••••••••••• • • • • • • • • BY: EPUTY • • CLERK 4 5TH CIAL DISTRICT COURT • • GALVESTON COUNTY, TEXAS • • • • • • • • ••••••••••••••••••••••••• DEFENDANT'S RIGHr TIfUMBPRJNT

~ .. '-- ,/ ...... JDCJIIOllI.IUD. OVCOJIVlcnOH aY ooll1lT· aUIDA. ANTDHtO • P.... ., .. " ' ,. , .. ...... - AlTACRMENT A SfATE OF TEXAS VS. ANTONIO SEPEDA CAUSE NO. 10CRg038

() Punuant to ArtIde 42.11 I(c), of the Teus Code of Criminal Procedure the Court finds tblt tbe vlctlm(s) of tklll crime Is (are) owed restitutio .. Such resdtudon shaD be ordered u a c.ndltlnn of pamle.

VICTIM: VICTIM: ADDRESS: _ _ _ _ _ _ __ ADDRESS: _ _ _ _ _ _ __

AMOUNT:S _ _ _ _ _ _ _ __ AMOUNns _______________ (X) Punulnt to Artlde 42.18 8(c), of tbe Teus Code of Crimlnll Procedure the DefeDdant Is ordered 10 pay to Latonia D. WIIsaD, District Q.,k. of Gllveston Counly, Room 404 Galveston Counly Courthauae, Galvestol, Tuu,slDbLglif~.nlmbunementforcaur1.ppalntedIUorae1fees. Sachfea.haIlbe ordered u a caDdltioD of plrole.

(X) Punulnt to Article 42.18 8(1), ortbe Teus Code of Criml.11 Procedare the Defeadaatls ordered to PlY Latonia D. WlisoD, DIstrict Clerk. of Gllvestoa Connly, RoolD 404 GalYeslDa Coualy Courlhauae, Galveston, Tuu, S '104':' for Court Costs. Such costs shaD be ordere<l u. condition of panle.

() 'ursalat t. ArtIcle 42.18 I(g), of the Tuu Cod. of Cri.....1I Procedure die Def...daat Is erdered to pay to Latonia D. WIIsoa, DIstrict Clerk, of Gllnstoll COUlIy, Roam 404 Galvesloll COIlllIy Coarlhouse, Gdvestoa, Tuu, S u aline. Such nae sbaU be ordered u . condltlon or p.mle.

(X) PlY 10 the o.C.CS.C.D. S Y:l!!! as. Crime Stoppen Prat!rampaymut 10 La MU9gs CrIme StO!l!lf" or Galveston Crime Slop....,. Sud! paymeDt sbD be pili.. (by ) (In Installlllenll of S per moath paid ..cb moath; Sud! repaymeat shaD be ordered u a condition of pamle.

() Punua.t 10 ArtIcle ~2.1" 8(Il, Dr Ih. Tuu Cod. of Criminal Procedure Ibe Oeread.Dels ordered 10 pay the G.C.C.5.C.D. S to reimburse Ibe COUDIy for exlradidDII colli. Such costs sblU be ordered as a condition of parole.

( , Attend aad s.ccessruUy complete a pmgram desiped 10 educate persall! on Ibe dangen of drug abase punuant to V.T.CA Traasportatioa Code, Soctioo 521.374. ~ ( The Defendant's driver'sllcease wiD be suspended for 180 days and contlnn roc ~Wte piilod up Dnd IIDtU !be Defendant completes !be education pmenm pursuant 10 V.T.C.A. _ tI~od..

( ) Secdon 521.372.

The Defendant's drivers Deense lOW be suspended for one (I) year. ;:~ ...

0- • ;;~ ~ .... ", - CJ1 ~.., ( . ~ l~~ C5 ~;!~ ,. .' AlIachmcnl"A"OSIOI/08. Page I of I No. 14-1S-00288-CV

ATTACHMENT 4 14-15-00288-CV Attachment 4 State's Response

Cause No. 14-CV-0020 1.015 nUG 12 PI1 2: 59 COUR~,il". __~D \~l~ EX PARTE § IN THE DISTRICT § 212tb JUDICIAL DISTRICT )" . , • 1" t~ - r" e~i\ •

ANTONIO SEPEDA § GALVESTON COUNTY, TEXAS

ORDER OF DENIAL WHEREFORE came to be considered Petitioner's Petition for Expunction.

WHEREFORE after considering said petition, the Galveston County Criminal District Attorney's answers, the testimony presented, if any, said Petition is hereby DENIED.

Date: 0/11,4 \d" OOIS

1.-CV-00211 DCORDE Order Denying EJpuncl\oCl - FlAIl - DCA 1011710 I I I~