Opinion
No. 05-19-00561-CR No. 05-19-00712-CR
12-19-2019
RICHARD LEE CORTEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court Dallas County, Texas
Trial Court Cause Nos. F17-33286-T & F17-33287-T
ORDER
Appellant, who was convicted of two aggravated sexual assault of a child offenses, filed his brief November 7, 2019. In the brief, he identifies the victim by name. The victim was a minor at the time the offense was committed.
A party may not file a brief that discloses the names of any person who was a minor at the time the offense was committed. See TEX. R. APP. P. 9.10(b) ("Unless a court orders otherwise, an electronic or paper filing with the court, including the contents of any appendices, must not contain sensitive data."), id. 9.10(a)(3) ("Sensitive Data Defined. Sensitive data consists of . . . a birth date, a home address, and the name of any person who was a minor at the time the offense was committed."). Accordingly, we STRIKE appellant's November 7, 2019 brief.
We ORDER appellant to file, within TEN DAYS of the date of this order, an amended brief that identifies any minor victim and any other minor (including witnesses) either generically (for example, "victim" or "victim's younger sister") or by initials only, including when quoting relevant portions of the record or giving a statement of the case.
We DIRECT the Clerk to send copies of this order to Franklyn Michelsen Jr. and to the Dallas County District Attorney.
/s/ CORY L. CARLYLE
JUSTICE