In The Mattter of the Expunction of P. V.--Appeal from 168th District Court of El Paso County

COURT OF APPEALS

EIGHTH DISTRICT OF TEXAS

EL PASO, TEXAS

)

) No. 08-04-00126-CV

)

) Appeal from the

IN THE MATTER OF THE EXPUNCTION )

OF P. V. ) 168th District Court

)

) of El Paso County, Texas

)

) (TC# 2004-228)

)

MEMORANDUM OPINION

Pending before the Court is the motion to dismiss this appeal by Appellant the County Attorney of El Paso pursuant to Texas Rules of Appellate Procedure 42.1(a)(1), which states:

(a) On Motion or By Agreement. The appellate court may dispose of an appeal as follows:

(1) On Motion of Appellant. In accordance with a motion of appellant, the court may dismiss the appeal or affirm the appealed judgment or order unless disposition would prevent a party from seeking relief to which it would otherwise be entitled.

Appellant has complied with the requirements of Rule 42.1(a)(1). Further, Appellant has informed the Court that no reporter=s record was made in this case and that it cannot meet its burden to show this Court errors of which it complains. We have considered this cause on the Appellant=s motion and conclude that the motion should be granted. We therefore dismiss the appeal.

September 9, 2004

DAVID WELLINGTON CHEW, Justice

Before Panel No. 3

Barajas, C.J., Larsen, and Chew, JJ.