Opinion
05-23-00122-CR
11-08-2023
MIGUEL MENDEZ, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F21-58586-H
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
We REINSTATE this appeal.
We VACATE this Court's order of August 18, 2023, requiring the trial court to determine whether the documents in volume 2 of the clerk's record should be subject to a sealing order and to transmit a sealing order to the district clerk. The documents are identical to those in volume 2 of the clerk's record in cause number 05-23-00121-CR, which is properly sealed.
Volume 2 of the clerk's record filed May 18, 2023, does not comply with Texas Rule of Appellate Procedure 9.10(g), which requires that the sealing order be "the first document that that appears if filed in electronic form." As filed on April 6, 2023, and May 18, 2023, the sealing order was not the first document in volume 2 of the clerk's record but was the next-to-the-last document.
We ORDER Felicia Pitre, Dallas County District Clerk, to refile by NOVEMBER 22, 2023, volume 2 of the clerk's record with the trial court's "Order Sealing Motions and Notices," signed August 26, 2022, as the first document in the clerk's record.
We DIRECT the Clerk to send copies of this order to the Honorable Tina Clinton, Criminal District Court No. 1, Dallas County; and Felicia Pitre, Dallas County District Clerk.