Opinion
05-23-00313-CR
07-17-2023
ENRIQUE JUAREZ BAZARTE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F21-75340-Q
ORDER
NANCY KENNEDY, JUSTICE
Before the Court is the clerk's record filed July 14, 2023. The clerk's record contains a sealing order signed by the trial court applicable to certain specified documents in the clerk's record containing sensitive or confidential information, and the clerk's record also contains documents not subject to the sealing order.
Rule of Appellate Procedure 9.10(g) provides, "Sealed portions of the clerk's and reporter's records should be clearly marked and separated from unsealed portions and tendered as separate records, whether in paper form or electronic form." Tex.R.App.P. 9.10(g). The rule also provides, "If a court orders material sealed, . . . the court's sealing order must be . . . the first document that appears if filed in electronic form." Id. The clerk's record does not meet the requirements of Rule 9.10(g).
We STRIKE the clerk's record filed July 14, 2023.
We ORDER the district clerk to file volume 1 of the clerk's record without the trial court's sealing order ("Order Sealing Motions and Notices," found at page 111 of the clerk's record filed July 14, 2023) and documents subject to the sealing order (found at pages 91 through 110 of the clerk's record filed July 14, 2023).
We ORDER the district clerk to file volume 2 of the clerk's record under seal containing the trial court's March 2, 2023 sealing order as the first document in the sealed volume 2 of the clerk's record followed by the documents subject to the sealing order.
The new volume 1 and sealed volume 2 of the clerk's record shall be filed within FIFTEEN DAYS of the date of this order.
We DIRECT the Clerk to send copies of this order to Felicia Pitre, Dallas County District Clerk, and counsel for all parties.