Ex Parte D.A.P. v. the State of Texas
CourtTexas Court of Appeals, 10th District (Waco)
Date FiledAugust 20, 2026
Docket10-26-00057-CV
StatusPublished
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Full Opinion
Court of Appeals
Tenth Appellate District of Texas
10-26-00057-CV
Ex parte D.A.P.
On appeal from the
361st District Court of Brazos County, Texas
Judge David G. Hilburn, presiding
Trial Court Cause No. 24-001427-CV-361
JUSTICE HARRIS delivered the opinion of the Court.
MEMORANDUM OPINION
The Brazos County District Attorney’s Office (BCDAO), acting on behalf
of the State of Texas, appealed from a judgment granting an expunction.
Appellant has filed a motion entitled “Agreement of Parties and Request to
Render Judgment Effectuating Agreement” that has been signed by both the
BCDAO and Counsel for the Appellee, D.A.P. In the motion, the BCDAO
asserts that the parties have reached an agreement for this Court to render
judgment that effectuates the parties’ agreement as follows:
1. In exchange for the BCDAO’s agreement to cease its
prosecution of this appeal, D.A.P. waives any privilege or right
to expunction of the BCDAO’s records and files related to his
arrest for aggravated assault on September 17, 1994.
2. Pursuant to Rule 42.1(a)(2)(A) of the Texas Rules of Appellate
Procedure, the parties request that this Court render judgment
effectuating the parties’ agreement by:
a. Modifying the judgment of the trial court to reflect that: the
Brazos County District Attorney’s Office may retain its
records and files related to D.A.P.’s arrest for aggravated
assault on September 17, 1994; and
b. Affirming the trial court’s judgment as modified.
The motion is granted. Pursuant to Rule 42.1(a)(2)(A), we render
judgment as above effecting the agreement of the parties, and modify the
judgment to reflect that the Brazos County District Attorney’s Office may
retain its records and files related to D.A.P.’s arrest for aggravated assault on
September 17, 1994. As modified, the judgment of the trial court is affirmed.
LEE HARRIS
Justice
OPINION DELIVERED and FILED: August 20, 2026
Before Chief Justice Johnson,
Justice Harris, and
Visiting Judge Wallace 1 0F
Modified and affirmed
Motion granted
CV06
1
The Honorable William D. Wallace, Judge of the 378th District Court of Ellis County, Texas, sitting
by assignment of the Chief Justice of the Supreme Court of Texas.
Ex parte D.A.P. Page 2