Ex Parte D.A.P. v. the State of Texas

Opinion

Court of Appeals

Tenth Appellate District of Texas

10-26-00057-CV

Ex parte D.A.P.

On appeal from the

361st District Court of Brazos County, Texas Judge David G. Hilburn, presiding Trial Court Cause No. 24-001427-CV-361

JUSTICE HARRIS delivered the opinion of the Court.

MEMORANDUM OPINION

The Brazos County District Attorney’s Office (BCDAO), acting on behalf of the State of Texas, appealed from a judgment granting an expunction. Appellant has filed a motion entitled “Agreement of Parties and Request to Render Judgment Effectuating Agreement” that has been signed by both the BCDAO and Counsel for the Appellee, D.A.P. In the motion, the BCDAO asserts that the parties have reached an agreement for this Court to render judgment that effectuates the parties’ agreement as follows:

1. In exchange for the BCDAO’s agreement to cease its prosecution of this appeal, D.A.P. waives any privilege or right to expunction of the BCDAO’s records and files related to his arrest for aggravated assault on September 17, 1994.

2. Pursuant to Rule 42.1(a)(2)(A) of the Texas Rules of Appellate Procedure, the parties request that this Court render judgment effectuating the parties’ agreement by:

a. Modifying the judgment of the trial court to reflect that: the Brazos County District Attorney’s Office may retain its records and files related to D.A.P.’s arrest for aggravated assault on September 17, 1994; and

b. Affirming the trial court’s judgment as modified.

The motion is granted. Pursuant to Rule 42.1(a)(2)(A), we render judgment as above effecting the agreement of the parties, and modify the judgment to reflect that the Brazos County District Attorney’s Office may retain its records and files related to D.A.P.’s arrest for aggravated assault on September 17, 1994. As modified, the judgment of the trial court is affirmed.

LEE HARRIS

Justice

OPINION DELIVERED and FILED: August 20, 2026 Before Chief Justice Johnson, Justice Harris, and Visiting Judge Wallace 1 0F

Modified and affirmed Motion granted CV06

1 The Honorable William D. Wallace, Judge of the 378th District Court of Ellis County, Texas, sitting by assignment of the Chief Justice of the Supreme Court of Texas.

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