In re Sepeda

State of Texas in the Fourteenth Court of AppealsJul 21, 2015
NO. 14-15-00288-CV (Tex. App. Jul. 21, 2015)

NO. 14-15-00288-CV



ORIGINAL PROCEEDING WRIT OF MANDAMUS 212th District Court Galveston County, Texas
Trial Court Cause No. 14-CV-0020


On April 1, 2015, relator Antonio Sepeda filed a petition for writ of mandamus in this court. In the petition, relator asked this court to compel the Honorable Bret Griffin, former judge of the 212th District Court of Galveston County, Texas, to hold a hearing and rule on relator's petition for expunction in trial court cause number 14-CV-0020. See Tex. Code Crim. Proc. Ann. art. 55.02, § 2(c) (the trial court "shall set a hearing" no sooner than 30 days after the filing of the petition). However, because Judge Griffin is no longer serving as judge of the 212th District Court, we substituted Judge Patricia Grady—Judge Griffin's successor—as respondent and abated this proceeding for 60 days to allow Judge Grady to consider relator's petition for expunction. See Tex. R. App. P. 7.2.

It does not appear that any action has been taken by the trial court on relator's petition for expunction since our order. Accordingly, we reinstate this original proceeding and request a response to the petition for writ of mandamus from respondent Judge Grady and from the Galveston County District Attorney. The response is due on or before August 14, 2015.

It is so ORDERED.

PER CURIAM Panel consists of Chief Justice Frost and Justices Boyce and McCally.