Opinion
No. 05-19-00917-CR
02-25-2020
ADILIO DAVILA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 219th Judicial District Court Collin County, Texas
Trial Court Cause No. 219-82171-2019
ORDER
Appellant, who was convicted of two counts of indecency with a child by contact, one count of indecency with a child by exposure, and one count of sexual assault of a child, filed his brief on February 7, 2020. In his brief, appellant identifies the victim by name; he also identifies by name other witnesses who were children at the time of the offenses against them. This Court does not allow a party to file a brief that discloses the names of victims or witnesses who were children at the time of the offenses, or the names of any other children discussed or identified at trial. 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 brief.
We ORDER appellant to file, within TEN DAYS of the date of this order, an amended brief that identifies the victim and any witnesses who were children at the time of this or any other offense either generically (for example, "victim") or by initials only, including when quoting relevant portions of the record, giving a statement of the case, or attaching an appendix.
We DIRECT the Clerk to send copies of this order to the Honorable Jennifer Edgeworth, Presiding Judge, 219th Judicial District Court; Robert Herrington, and the Collin County District Attorney.
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE