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TEXAS DEPT. OF PUBLIC SAFETY v. MENDOZA

No. 04-96-00860-CV.

952 S.W.2d 560 (1997)

The TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Heriberto MENDOZA, Appellee.

Court of Appeals of Texas, San Antonio.

July 23, 1997.

Attorney(s) appearing for the Case

Charles R. Maddox, J. Frank Davis, Asst. Atty. Gen., Austin, for Appellant.

Sharon Trigo, Laredo, for Appellee.

Before HARDBERGER, C.J., and STONE and GREEN, JJ.

GREEN, Justice.

The Texas Department of Public Safety (DPS) appeals from an order expunging Heriberto Mendoza's arrest record for sexual assault. DPS challenges the court's order on sufficiency grounds. We reverse and render judgment denying Mendoza's expunction request.

Facts

On March 16, 1992 Mendoza was arrested for sexually assaulting a female. He was subsequently indicted for the felony. However, on October 16, 1992, the indictment was...

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