State of Texas v. Judy Beam ( 2006 )

NO. 07-06-0109-CV
IN THE COURT OF APPEALS
FOR THE SEVENTH DISTRICT OF TEXAS
AT AMARILLO
PANEL A
SEPTEMBER 20, 2006
______________________________
STATE OF TEXAS, APPELLANT
V.
JUDY BEAM, APPELLEE
_________________________________
FROM THE 72ND DISTRICT COURT OF LUBBOCK COUNTY;
NO. 2006-533,919; HONORABLE DAVID GLEASON, JUDGE
_______________________________
Before REAVIS and CAMPBELL and HANCOCK, JJ.
OPINION
The State appeals the granting of appellee Judy Beam’s petition for expunction of
records contending that Beam failed to meet the necessary requirements prior to filing her
petition. We affirm.
Background
In June 2005, Beam was arrested and charged with the offense of terroristic threat;
however, the misdemeanor charge was dismissed as part of a plea agreement. In
February 2006, Beam filed a motion for expunction of records related to the June 2005
arrest and charge, which the State opposed. At a hearing in March, the State argued that
Beam had never been charged with a felony arising from the June 2005 matter and that
the statute of limitations for terroristic threat had not run prior to Beam’s filing of the motion
for expunction of records. After the trial court granted Beam’s request for expunction, the
State filed its notice of appeal.
The State’s sole issue is whether article 55.01(a)(2) of the Texas Code of Criminal
Procedure requires the expiration of the statute of limitations prior to the filing of an
expunction request when the sought expunction involves a misdemeanor offense. See
TEX . CODE CRIM . PROC . ANN . art. 55.01(a)(2)(A)(i)-(ii) (Vernon Supp. 2006). We have
previously held that, when the sought expunction involves a misdemeanor offense,
subsection (A), which requires the expiration of the statute of limitations prior to the filing
of the petition for expunction, does not apply. See Ex parte M.R.R., No. 07-05-0294-CV,
2006 WL 1547764 (Tex.App.–Amarillo, June 7, 2006, pet. filed). Accordingly, we affirm.
Mackey K. Hancock
Justice
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