Opinion
05-23-00143-CR
06-27-2023
ASTON DAVONTE CARRIER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 380th Judicial District Court Collin County, Texas Trial Court Cause No. 380-83349-2020
ORDER
DENNISE GARCIA JUSTICE
We REINSTATE this appeal.
On June 8, 2023, the Collin County District Clerk filed two volumes of clerk's record; volume 2 was labeled "SEALED," but the volume did not include a document sealing the contents of the volume. On June 13, 2023, we ordered the trial court to determine whether the contents of volume 2 of the clerk's record should be sealed, and to sign an order sealing the contents of the volume and for the district clerk to file volume 2 with the sealing order as the first document. On June 21, 2023, the district clerk refiled volume 2. The new volume 2 is not sealed in that there is no order sealing the documents in that volume of the clerk's record. Instead of a sealing order, there is appellant's "Motion to Include Sealed Document in Clerk's Record" followed by the Court's order stating, "the Court finds that the motion should be GRANTED." This document did not seal the clerk's record. Accordingly, we ORDER the trial court to sign a sealing order sealing those documents the trial court found should be subject to a sealing order; and the trial court shall notify the district clerk of the sealing order within FIFTEEN DAYS of the date of this order. The district clerk shall file those documents the documents the trial court has determined should be sealed in a new volume 2 of the clerk's record with the sealing order as the first document in the sealed volume 2 of the clerk's record within THIRTY DAYS of the date of this order.
This appeal is ABATED for the trial court to comply with the above order. The appeal will be reinstated when volume 2 of the clerk's record is refiled or at such other time as the Court deems proper.
We DIRECT the Clerk of the Court to send copies of this order to the Honorable Benjamin Smith, Presiding Judge, 380th Judicial District Court; Michael Gould, Collin County District Clerk; and counsel for all parties.