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TEXAS DEPT. OF PUBLIC SAFETY v. AYTONK

No. 04-99-00160-CV.

5 S.W.3d 787 (1999)

TEXAS DEPARTMENT OF PUBLIC SAFETY, Appellant, v. Omur AYTONK, Appellee.

Court of Appeals of Texas, San Antonio.

September 8, 1999.

Attorney(s) appearing for the Case

Charles R. Maddox, Texas Department of Public Safety, Crime Records Service, Austin, for Appellant.

Thomas C. Leopold, San Antonio, for Appellee.

Sitting: PHIL HARDBERGER, Chief Justice, TOM RICKHOFF, Justice, ALMA L. LÓPEZ, Justice.

OPINION

Opinion by: PHIL HARDBERGER, Chief Justice.

The Texas Department of Public Safety (DPS) appeals the trial court's expunction of Omur Aytonk's conviction for theft. In four points of error, DPS argues that Aytonk gave defective notice of the expunction hearing, that the evidence is insufficient to support expunction, and that Aytonk's "nolo contendre" plea and subsequent entry of conviction thereupon rendered him ineligible for expunction. We reverse...

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