Kathy Michelle Fowler v. State

M2009-00700-SC-R11-CO
Date / Time: 
June 1, 2011 - 1:00pm

Petitioner, Kathy Michelle Fowler, was indicted by the Davidson County Grand Jury in one indictment for domestic assault, harassment, and aggravated criminal trespass. Petitioner subsequently pled guilty to domestic assault. The remaining two charges were dismissed. Petitioner was sentenced to eleven months and twenty-nine days, to be served on probation. Petitioner filed a petition to expunge the dismissed charges pursuant to Tennessee Code Annotated section 40-32-101. After a hearing, the trial court denied the petition, concluding that the plain language of the statute excluded expungement of “cases in which the defendant has been convicted of a charge within the case.” Petitioner filed a petition for a writ of certiorari in this Court. We granted the petition in order to determine if the trial court has exceeded its jurisdiction or has acted illegally. After a review of the record, we determine that based on this Court’s decision in State v. Gerald Gifford, No. E2006-02500- CCA-R3-CD, 2008 WL 1813105 (Tenn. Crim. App., at Knoxville, Apr. 23, 2008), perm. app. denied, (Tenn. Oct. 27, 2008), the trial court herein improperly denied the petition to expunge the dismissed charges where petitioner was indicted in a multi-count indictment, pled guilty to one count of the indictment, and the remaining charges were dismissed. The judgment of the trial court is, therefore, reversed and the matter is remanded to the trial court for further proceedings, including granting petitioner’s petition to expunge the dismissed charges of harassment and aggravated criminal trespass

Court: 
Supreme Court
County: 
Davidson
Division: 
Middle Section