Opinion
05-22-00622-CR
05-15-2023
WILSON ALEJANDRO MONTOYA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 2 Dallas County, Texas Trial Court Cause No. F19-00781-I
ORDER
ERIN A. NOWELL JUSTICE
We REINSTATE this appeal
In our order of November 14, 2022, we struck the nominally sealed volume 2 of the clerk's record because it did not contain a sealing order, and we ordered the district clerk to file volume 2 of the clerk's record with the trial court's sealing order and the sealed documents. On December 19, 2022, we again ordered the district clerk to file volume 2 of the clerk's record with the sealing order and sealed documents. On April 12, 2023, we ordered the trial court to conduct a hearing to determine what documents, if any should be subject to a sealing order and to sign an appropriate sealing order. We also ordered the district clerk to file a new volume 2 of the clerk's record with the sealing order and all documents the trial court ordered sealed. We also stated that the sealing order "shall be the first document that appears in the sealed volume." On April 20, 2023, the district clerk filed a new volume 2 of the clerk's record containing the sealed documents and the sealing order, but the sealing order is the last document before the clerk's certificate in that clerk's record. Rule of Appellate Procedure 9.10(g) 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.
We STRIKE volume 2 of the clerk's record filed April 20, 2023, and we ORDER Felicia Pitre, Dallas County District Clerk, to file a new volume 2 of the clerk's record containing the trial court's sealing order and all documents the trial court ordered sealed. The sealing order shall be the first document that appears in the sealed volume. The new sealed volume 2 of the clerk's record shall be filed on or before MAY 31, 2023.
We DIRECT the Clerk to send copies of this order to Felicia Pitre, Dallas County District Clerk, and counsel for all parties.