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State v. Flynn

Court of Appeals of Louisiana, First Circuit

April 11, 2018

STATE OF LOUISIANA
v.
BRADY T. FLYNN

          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

          Jerry Fontenot Covington, Louisiana Counsel for Appellant Brady T. Flynn.

          Warren 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 State Police.

          BEFORE: McCLENDON, WELCH, AND THERIOT, JJ.

          THERIOT, J.

         The 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 affirm.

         FACTS AND PROCEDURAL HISTORY

         The 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.[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"[2] of La. C.Cr.P. art. 893.

         On 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.

         An 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 opposed.

         Mr. 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.[3] A final judgment denying the motion to expunge was signed on July 6, 2017. Mr. Flynn has appropriately ...


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