Ex parte H.E.A. Appeal from 440th District Court of Coryell County (memorandum opinion)

Annotate this Case

Download PDF

NUMBER 13-20-00276-CV COURT OF APPEALS THIRTEENTH DISTRICT OF TEXAS CORPUS CHRISTI – EDINBURG EX PARTE H.E.A. On appeal from the 440th District Court of Coryell County, Texas. MEMORANDUM OPINION Before Chief Justice Contreras and Justices Hinojosa and Silva Memorandum Opinion by Justice Silva Before this Court is a restricted appeal of a trial court’s order expunging all files and records relating to appellee H.E.A.’s 2005 driving while intoxicated charge of which he was acquitted. 1 See TEX. PENAL CODE ANN. § 49.04(d); TEX. CODE CRIM. PROC. ANN. art. 55.01. On May 2, 2022, this Court sua sponte issued an order abating the appeal pending the Texas Supreme Court’s resolution of a sister court case concerning a similar This case is before the Court on transfer from the Tenth Court of Appeals in Waco pursuant to a docket equalization order issued by the Supreme Court of Texas. See TEX. GOV’T CODE ANN. § 73.001. 1 issue. See Ex parte Ferris, 613 S.W.3d 276 (Tex. App.—Dallas 2020), aff’d sub nom. Ex parte K.T., No. 20-0977, 2022 WL 1510329 (Tex. May 13, 2022). Appellant, the Texas Department of Public Safety, was instructed to promptly file a motion to reinstate the appeal following the Texas Supreme Court’s issuance of its opinion. On May 31, 2022, appellant filed a motion to reinstate the appeal and requested a dismissal pursuant to Texas Rule of Appellate Procedure 42.1(a)(1). See TEX. R. APP. P. 10.1; 42.1(a)(1). We construe appellant’s filing as two motions. The Court, having considered the motions, is of the opinion that they should be granted. See TEX. R. APP. P. 42.1(a)(1). Therefore, we grant appellant’s motions, this cause is reinstated, and we dismiss this appeal. See id. Because the appeal is dismissed at appellant’s request, no motion for rehearing will be entertained. CLARISSA SILVA Justice Delivered and filed on the 9th day of June, 2022. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.