Legal Opinion

Texas Department of Public Safety v. Stockton

Texas Court of Appeals, 4th District (San Antonio)

Decided June 13, 2001No. 04-00-00479-CVPublishedCited by 47 opinions

1Opinion of the Court

OPINION

STONE, Justice.

In this appeal we are asked to determine whether a dismissal of a DWI proceeding after a favorable ruling on a speedy trial motion is an “acquittal,” thus entitling the defendant to expunction of records concerning the DWI charge and a related license revocation. We answer this question in the negative, and hold that expunction is not permitted in this case.

Factual and PROCEDURAL Background

Frank Stockton was arrested for DWI and appeared in court with his attorney, ready for trial on six different occasions. The State was allowed to reset the cause twice, and the…

2Cases cited10 opinions

  1. United States v. ScottSupreme Court of the United States · 1978
  2. Johnson v. StateCourt of Criminal Appeals of Texas · 1997
  3. State v. TorresCourt of Criminal Appeals of Texas · 1991
  4. Spiller v. Spiller, Texas Court of Appeals, 4th District (San Antonio)1995
  5. Easley v. State, Texas Court of Appeals, 4th District (San Antonio)1998

5 more not listed; retrieve them via the Exa API.

3Cited by47 opinions

  1. City of Fredericksburg v. Bopp, Texas Court of Appeals, 4th District (San Antonio)2003
  2. Rischon Development Corp. v. City of KellerCourt of Appeals of Texas · 2007
  3. Turnage v. JPI Multifamily, Inc., Texas Court of Appeals, 1st District (Houston)2001
  4. Simpson v. Curtis, Texas Court of Appeals, 12th District (Tyler)2010
  5. in Re ExpunctionCourt of Appeals of Texas · 2015

42 more not listed; retrieve them via the Exa API.

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