Opinion
05-23-00121-CR 05-23-00122-CR
08-18-2023
MIGUEL MENDEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause Nos. F21-58585-H, F21-58586-H
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
We REINSTATE these appeals.
Before the Court is volume 2 of the clerk's record in cause number 05-23-00122-CR, filed May 18, 2023, which is labeled "SEALED." 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 sealing order is not the first document in the clerk's record as required by Rule 9.10(g), and it is not clear whether the trial court intended for all documents in volume 2 to be sealed. We STRIKE volume two of the clerk's record in cause number 05-23-00122-CR filed May 18, 2023.
We ORDER the trial court to determine whether any of the documents in volume two of the clerk's record in cause number 05-23-00122-CR contain sensitive or confidential data and should be subject to a sealing order. The trial court shall identify which documents, if any, should be subject to a sealing order; the trial court shall 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 or that no documents are subject to a sealing order within THIRTY DAYS of the date of this order.
If the trial court determines that none of the documents should be subject to a sealing order, then the district clerk shall transmit volume 2 of the clerk's record in cause number 05-23-00122-CR to this Court in an unsealed volume of the clerk's record without a sealing order and without the word "SEALED" on the cover. If the trial court determines that some or all of the documents should be subject to a sealing order, then the district clerk shall transmit those documents in a sealed volume 2 of the clerk's record in cause number 05-23-00122-CR to this Court with the sealing order as the first document in the sealed volume 2 of the clerk's record; and the district clerk shall transmit any remaining unsealed documents in a separate unsealed supplemental clerk's record without a sealing order. See TEX. R. APP. P. 9.10(g). The new volume 2 of the clerk's record and any unsealed supplemental clerk's record in each case shall be filed with this Court within FIFTEEN DAYS of the date of the trial court's sealing order or notice of no sealing order and no later than FORTY-FIVE DAYS after the date of this order.
We DIRECT the Clerk to send copies of this order to the Honorable Tina Clinton, Presiding Judge, Criminal District Court No. 1; Felicia Pitre, Dallas County District Clerk; and counsel for all parties.
The appeal in cause number 05-23-00122-CR is ABATED for the trial court to comply with the above order. The appeal in cause number 05-23-00122-CR will be reinstated when volume 2 of the clerk's record is refiled and any supplemental clerk's record is filed or at such other time as the Court deems proper.