March 14, 2011

Mr. Reg Hargrove

Assistant Attorney General

Public Information Coordinator

General Counsel Division

Office of the Attorney General

P.O. Box 12548

Austin, Texas 78711-2548

OR2011-03494

Dear Mr. Hargrove:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 412980 (PIR No. 11-29808).

The Office of the Attorney General (the "OAG") received a request for records relating to a letter from the Justice of the Peace for Precinct 3 in Cherokee County. The OAG released basic information pursuant to section 552.108(c) of the Government Code and asserts the remainder is excepted from disclosure under section 552.108 of the Government Code. See Gov't Code § 552.108(c) (basic information about crime not excepted pursuant to section 552.108). We have considered the OAG's claimed exception to disclosure and have reviewed the submitted information.

Section 552.108(a)(2) excepts from disclosure information concerning an investigation that concluded in a result other than conviction or deferred adjudication. Gov't Code § 552.108(a)(2). A governmental body claiming section 552.108(a)(2) must demonstrate the requested information relates to a criminal investigation that has concluded in a final result other than a conviction or deferred adjudication. The OAG explains the information pertains to a case that the grand jury no-billed. Based on the OAG's representation, we conclude the OAG may withhold the information pursuant section 552.108(a)(2). Because this exception is dispositive, we do not address the OAG's section 552.108(a)(4) assertion.

This letter ruling is limited to the particular information at issue in this request and limited to the facts as presented to us; therefore, this ruling must not be relied upon as a previous determination regarding any other information or any other circumstances.

This ruling triggers important deadlines regarding the rights and responsibilities of the governmental body and of the requestor. For more information concerning those rights and responsibilities, please visit our website at http://www.oag.state.tx.us/open/index_orl.php, or call the Office of the Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions concerning the allowable charges for providing public information under the Act must be directed to the Cost Rules Administrator of the Office of the Attorney General, toll free, at (888) 672-6787.

Sincerely,

Yen-Ha Le

Assistant Attorney General

Open Records Division

YHL/sdk

Ref: ID# 412980

Enc: Submitted documents

c: Requestor

(w/o enclosures)

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