Ex Parte Juan Jose Garcia

• Court: Court of Appeals of Texas
• Decided: May 6, 2015
• Docket: 04-15-00174-CV
• Status: Published

Opinion

^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:

EX PARTE

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 02/06/2012 3:42PM FAX 383782^ ^ 10004/0013

•-: '•••••:• •• . :,..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 02/06/2012 3:43PM FAX 383782W A,. 00005/0013

* <• 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 02/06/2012 3:43PM FAX 383782] J0006/0013

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 02/06/2012 3:43PM FAX 383782 J0007/0013 • 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 02/06/2012 3:43PM FAX 3837821^ " ^x 00008/0013

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 02/06/2012 3:44PM FAX 3837820^ ]0008/0013

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 02/06/2012 3:44PM FAX 383782IW ^, 00010/0013

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 02/06/2012 3:44PM FAX 3837820^ ^ 00011/0013 * (# 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 02/06/2012 3:44PM FAX 3837820. ^ 00012/0013 ♦ * 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.

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.

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.

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**

TO: CLERK OF THE DISTRICT COURT

DORA RAMOS

P.O. BOX 788

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***

TO: COUNTY CLERK OF THE ZAPATA COUNTY COURT AT LAW

MARY JAYNE VILLARREAL-BONOAN P.O. BOX 789

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*

TO: COUNTY ATTORNEY OF ZAPATA COUNTY

HON. ALFONSO FIGUEROA

P.O. BOX 2314

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 ypabe

2012 OCT 23 F*^ If YES, enter delivery address below: • No

Service Type u^e^o^^rrfcoM^ EC Certified Mail D Express Mail D Registered JflReturn Receipt for Merchandise • Insured Mail • C.O.D. 4. Restricted Delivery? (Extra Fee) D Yes 2. Article Number 7010 D7A0 DDDD EH51 fl3Eb (Transfer fromservice label) PS Form 381-1£, February.2004 Domestic Return Receipt 102595-02-M-154

000033 CD CD II U H P II H U » U" I mmm&MMB •**•** HgAH"tf 4$&$3&pi j^Mf fi^ ^•isp»«$£ 02 1M h£f*Jp^'3u&k PSI 0008003770 $ 07.1k/ ,n\ M.RAMOS CCT15 2012 Usffi MAILED FROM ZIPCODE 780 76 amo^ 7D1D D7flD DDDD 2M51 7TL1 TRICT CLERK T?.0. Box 788 7tt>Ave„ 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.

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

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:

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«

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

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.

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

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.

$t$mi 0.2.ai4,

PRESIDINOJVJOGE

Wl^y

:i'i3&.tBarND.l!tf&1905 l.^'Piip'ofC5Blixttd'Vlll«t«aIJi1,q. i'05MninSt(cct WoCrtahdi!X%, TWus 7SS82 .tcicphonp: Vs&AWgm tolkfcc £ax: 93^87^8.670 EMwjlh cal •ort'avv^lbufjiiail.coin' C013NSEL FOR DBHStWlAiST

;P«c{fcits!a, Afiisltat:DistriciVUtonicy •49it'iudIo«|.OisricLGouHpt'^()afaCajimy)Tciifts. .itlffYI.6toria.Siire<$.SiBJ4Ql ' .&3redo,T$xas 78!$t)

FtccFi»-5l56.525.-S0.54

0 0 0 01* if • •

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 /(

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.

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 *

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.

(10) The letter to Dora Martinez Castanon, District Clerk of Zapata County, Texas, plus items (7), (8) and (9) above.

(11) .f The trial court's charge and the jury verdict, or the trial court's / findings offact and conclusions oflaw, if any. (12) Any request for findings of fact and conclusions of law, any post- / judgment motion, and the trial court's order thereon. / / (13) Any formal bill of exception.

' (14) A certified copy of the complaint, information, judgment and sentence for, and any other documents (including any attachments or exhibits) relating to Juan Jose Garcia's charge of Possession of Marijuana in Criminal Cause No. 4116 in the County Court of Zapata County, Texas and the trial court's docket sheet in said cause, if such are in your possession.

(15) A certified bill of costs, including the cost of preparing the Clerk's Record, showing credits for payments made.

IJ00Q55J WHEREFORE, PREMISES CONSIDERED, respondent, the Texas Department of Public Safety, respectfully requests that the Clerk of this Court will make and prepare the foregoing materials and include them in the Clerk's Record in this cause on appeal. When the Clerk's Record is prepared, please forward it to the Fourth Court of Appeals. Please be advised that the Clerk's Record must be filed with the Fourth Court of Appeals within 30 days after the Notice of Appeal is filed in this cause, that is, on or about April 27, 2015.

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

00005b CERTIFICATE OF SERVICE

This certifies that a copy of this Designation of Clerk's Record has been served

upon the attorney of record 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 102 N.Texas St. Rio Grande City, Texas 78582

000051 A r"_v

TEXAS DEPARTMENTJDisPUBLIC SAFETY 5805 NLAIWARfiLVBrr.TBOXgl^N&NSTIN, TEXAS 78773-0001 www.dps.texas.gov

2015 APR-I AI&5U

STEVEN CMcCRAW DIRECTOR Y.TEXAS COMMISSION A CYNTHIA LEON. CHAIR DAVID G. BAKER MANNY FLORES ROBERT J. BODISCH. SR. FAITH JOHNSON CHERYL MacBRIDE STEVEN P. MACH DEPUTY DIRECTORS RANDY WATSON

March 27, 2015

Dora Martinez Castanon, CMRRR# 7012 3460 0003 3291 9769 Zapata County District Clerk 200 E. 7th Avenue, Ste. 119 Zapata, Texas'78076

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

Dear District Clerk:

Enclosed are a notice of appeal and designation of clerk's record. Please file these originals. Also enclosed are copies of these documents as well as a request for the reporter's record. Please filemark all copies, file one set of documents for your records, and return a set to me in the provided pre-paid envelope.

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

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

Enclosures

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

EQUAL OPPORTUNITY EMPLOYER 000058 COURTESY • SERVICE • PROTECTION J.

Jail/Sheriff's Department FIRST CLASS MAIL Lisa Martinez, Custodian ofRecords 2311 Stop 23A Zapata, Texas 78076

District Attorney of Webb County FTRST CLASS MAIL Hon. Isidro "Chilo" Alaniz 1110 Victoria St. Ste. 401 Laredo, Texas 78040

County Attorney of Zapata County FIRST CLASS MAJLL Hon. Alfonso Figueroa P.O. Box 2314 Zapata, Texas 78076

County Clerk ofZapata County FIRST CLASS MAIL P.O. Box 789 Zapata County Courthouse Zapata, Texas 78076

000059 TEXAS DEPARTMENT €>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

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

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

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:

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

ByC^ti&htJbr Deputy

©TDCA2005

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