Ex Parte M.A.S

• Court: Court of Appeals of Texas
• Decided: January 7, 2021
• Docket: 13-19-00516-CV
• Status: Published

Opinion

NUMBER 13-19-00516-CV

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI - EDINBURG

EX PARTE M.A.S.

On appeal from the 428th District Court of Hays County, Texas.

ORDER ABATING APPEAL Before Justices Benavides, Longoria, and Tijerina Order Per Curiam

This cause is before the Court on appellee M.A.S.’s request to expunge his

criminal records. On appeal, appellant the Department of Public Safety (the Department)

argues that M.A.S. is not entitled to an expunction because he served a term of

community supervision which was later subject to an order of nondisclosure.

We acknowledge that the Texas Supreme Court granted a petition for review in a

similar case, Ex Parte Petitto, Cause Number 19-1051, 606 S.W.3d 755 (Tex. App.—San

Antonio 2019, pet. granted). Ex Parte Petitto, as relied upon by the Department, involves similar circumstances as the cause before this Court, and is highly relevant to the appeal

before this Court.

On its own motion, the Court, having reexamined and reconsidered the document

on file, finds that this appeal should be abated in the interest of judicial economy until

such time as the Texas Supreme Court may decide on the issues presented in Ex Parte

Petitto. Accordingly, we hereby ABATE the appeal until further order of this Court.

IT IS SO ORDERED.

PER CURIAM

Delivered and filed the 7th the day of January 2021.