Opinion
No. 05-04-00100-CV
Opinion Filed January 6, 2005.
On Appeal from the 199th District Court, Collin County, Texas, Trial Court Cause No. 199-02149-03.
Reverse and Render.
Before Justices MORRIS, O'NEILL, and LANG.
MEMORANDUM OPINION
The Collin County District Attorney appeals an order granting appellee David Russell's petition for expunction. In a single point of error, appellant contends that the trial court erred in granting the petition for expunction because appellee failed to establish that the limitations period had run. The facts are known to the parties and we do not recite them here. Further, because all dispositive issues are settled in law, we issue this memorandum opinion.
Appellee filed a petition to expunge his arrest for a Class C misdemeanor assault alleged to have occurred on March 20, 2003. The complaint was later dismissed. At the time he filed the petition, July 31, 2003, the limitations period had not expired. See Tex. Code Crim. Proc. Ann. art. 55.01(a)(2)(A) (Vernon Supp. 2004-05). Nevertheless, the trial court granted the petition. The trial court's order is in direct conflict with this Court's opinion in State v. Bhat, in which we held expunction was improper under virtually identical facts. State v. Bhat, 127 S.W.3d 435, 436 (Tex.App.-Dallas 2004, no pet.). Consequently, we reverse the trial court's judgment and render judgment denying appellee's petition.