Opinion
14-23-00442-CR
12-07-2023
LEONARDO ABARCA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 179th District Court Harris County, Texas Trial Court Cause No. 1505732
Panel Consists of Bourliot, Zimmerer, and Spain Justices.
ORDER
PER CURIAM
On November 15, 2023, appellant filed a motion to allow appellate counsel access to portions of the reporter's record. The portion of the motion requesting to view original exhibits is granted, as ordered below. The portion of the motion requesting access to the sealed exhibit is denied, as explained below.
Appellant requests to view the originals of Exhibit numbers 501-503, 504, 506 and State's Exhibit 1, which the trial court ordered the court reporter to deliver to the Harris County District Clerk. Accordingly, we order the clerk of the Harris County District Clerk to deliver to the clerk of this court the original of the above-mentioned exhibits on or before December 15, 2023. The clerk of this court is directed to receive, maintain, and keep safe this original exhibit; to deliver it to the justices of this court for their inspection; allow counsel access to the exhibits; and, upon completion of inspection, to return the originals to the clerk of the 179th District Court. See Tex. R. App. P. 34.6(g)(2).
Appellant further requests to view Volume 5 of the reporter's record, which was sealed by the trial court. The trial court's sealing order does not specify that appellate counsel may view the sealed record. Appellant must obtain an order from the trial court allowing counsel access to the sealed record.