John E. Collier v. The State of Texas Appeal from 258th District Court of Polk County (memorandum opinion)
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In The Court of Appeals Ninth District of Texas at Beaumont ___________________ NO. 09-16-00266-CV ___________________ JOHN E. COLLIER, Appellant V. THE STATE OF TEXAS, Appellee __________________________________________________________________ On Appeal from the 258th District Court Polk County, Texas Trial Cause No. 19687 __________________________________________________________________ MEMORANDUM OPINION John E. Collier appeals from the trial court’s order denying his motion seeking to expunge a petition for discretionary review. In his motion, Collier claimed that the petition for discretionary review was falsely submitted to the Court of Criminal Appeals without his knowledge or permission. We affirm the trial court’s ruling. 1 While Collier filed a brief to support his appeal, Collier’s brief fails to provide any references to any statutes that provide a trial court with the authority to issue orders affecting records filed in the Court of Criminal Appeals. Generally, the provisions pertaining to a criminal defendant’s right to have records in a criminal proceeding expunged are in Chapter 55 of the Code of Criminal Procedure. See Tex. Code Crim. Proc. Ann. art. 55.01 (West Supp. 2016). In his brief, Collier fails to explain how Chapter 55 applies to the petition for discretionary review that he claims someone filed without his permission in the Court of Criminal Appeals. Id. Additionally, Collier failed to adequately brief the complaint he raises on appeal concerning the trial court’s ruling. See Tex. R. App. P. 38.1(i); Lucio v. State, 351 S.W.3d 878, 896 (Tex. Crim. App. 2011) (an inadequately briefed issue presents nothing for review). Because Collier has not shown in his appeal that the trial court erred by denying his motion, we overrule his issue and affirm the order. AFFIRMED. ______________________________ HOLLIS HORTON Justice Submitted on July 5, 2017 Opinion Delivered September 21, 2017 Before McKeithen, C.J., Horton and Johnson, JJ. 2
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