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John Cornyn

June 22, 1999

Mr. Bernardo Garcia
Assistant County Attorney
Harris County
1019 Congress, 15th Floor
Houston, Texas 77002-1700


Dear Mr. Garcia:

You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 125370.

The Harris County Constable's Department, Precinct 4 received a request for all records pertaining to case number 9901172170. You submit to this office information responsive to the request and claim that the requested information is excepted from disclosure under section 552.108(a) of the Government Code. You state that you have released basic information about the crime in compliance with section 552.108(c). We have considered the exception you claim and reviewed the submitted information.

Section 552.108(a) of the Government Code excepts from required public disclosure "[i]nformation held by a law enforcement agency or prosecutor that deals with the detection, investigation, or prosecution of crime . . . if (1) release of the information would interfere with the detection, investigation, or prosecution of crime . . . ." Based on your statement that the requested information pertains to a case in which there is a pending prosecution, we find that release of the requested information would interfere with law enforcement. Therefore, you may withhold the requested information that remains after your release of basic information about the crime. Gov't Code 552.108(c).

We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and should not be relied upon as a previous determination regarding any other records. If you have questions about this ruling, please contact our office.


Emilie F. Stewart
Assistant Attorney General
Open Records Division


Ref: ID# 125370

Encl: Submitted documents

cc: Mr. John Maisel
502 Caroline, 4th floor
Houston, Texas 77002
(w/o enclosures)


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