Appealed from the 22nd Judicial District Court In and for the
Parish of St. Tammany State of Louisiana Case No. 513990 The
Honorable William J. Knight, Judge Presiding
Fontenot Covington, Louisiana Counsel for Appellant Brady T.
L. Montgomery District Attorney Matthew Caplan Assistant
District Attorney Covington, Louisiana Counsel for Appellee
State of Louisiana.
Adrienne E. Aucoin Baton Rouge, Louisiana Counsel for
Appellee State of Louisiana, through the Department of Public
Safety and Corrections, Public Safety Services, Office of
BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.
appellant, Brady T. Flynn, appeals the judgment of the
Twenty-Second Judicial District Court denying his motion to
expunge his criminal record. For the following reasons, we
AND PROCEDURAL HISTORY
facts of the instant case are not in dispute. Mr. Flynn was
arrested and pled guilty to possession with intent to
distribute marijuana. Upon pleading guilty on September 10,
2012, Mr. Flynn was sentenced to five (5) years at hard labor
with the Louisiana Department of Public Safety and
Corrections (LDPSC). The sentence was suspended and the trial
court placed Mr. Flynn on probation for five (5) years under
the supervision of LDPSC. On July 5, 2016, the sentence was
imposed pursuant to La. C.Cr.P. art. 881.1. Mr. Flynn filed a
motion to terminate his probation and amend his sentence to
add the benefits of La. C.Cr.P. art. 893. On July 28, 2016,
the trial court granted the motion, terminated Mr.
Flynn's probation as satisfied, and his sentence was
amended to add the "benefits" of La. C.Cr.P.
August 16, 2016, Mr. Flynn filed a motion for expungement,
and a motion to set aside the conviction and dismiss the
prosecution on August 18, 2016. The state filed an opposition
to the motion to set aside the conviction and dismiss the
prosecution on August 24, 2016. Both the St. Tammany Parish
District Attorney's Office and LDPSC, through the Office
of State Police, filed affidavits in response to the
opposition, both requesting a contradictory hearing. On
September 29, 2016, after a bench discussion with the
parties, the trial court granted the motion to set aside the
conviction and dismiss the prosecution, subject to La.
C.Cr.P. art. 893.
objection to the motion to expunge was filed December 5, 2016
by LDPSC. Following a hearing, the trial court denied the
motion to expunge, stating in open court:
I do not believe that I'm legally authorized, in my
reading of [article] 893 and [a]rticle 978 of the [Louisiana]
Code of Criminal Procedure, to grant the expungement. The
[c]ourt notes that both [LPDSC] and the DA offices have
Flynn filed for a supervisory writ application with this
Court on April 4, 2017. We denied the writ because it did not
contain a copy of a signed written judgment reflecting the
trial court's ruling. We further stated that the judgment
would be final and appealable once the judgment was reduced
to writing and signed. A final judgment denying the motion to
expunge was signed on July 6, 2017. Mr. Flynn has