The hearing Friday was handled more like a court proceeding. Each side argued if Westlund is a convicted felon which is part of the reason why the police denied him his permit in the first place.
Police Chief Claude Jones says Westlund was untruthful when he did not give complete information about his past criminal history of forgery and tax evasion. However, Westlund's Attorney Jan Fouts told the board how a California judge ruled to change Westlund's felony convictions to misdemeanors. Fouts showed the board a California court record documenting the change.
Now the question is, does this mean he is still considered a convicted felon in the state of Texas? Did Westlund purposely try to deceive the city of Lubbock? "He asked good lawyers what's the law? He was told this was not a conviction and you are not required to treat it as a conviction on this application and that's what he did," said Fouts. "When we run a search on his name on his criminal history and it comes back with a FBI number, that tells me there's a conviction," said Jones.
Westlund is operating Baby Dolls under a suspended license. The hearing continues Monday morning.
|Courts & Crime|