Opinion
05-22-00812-CR
04-14-2023
ANDREW YOUNGBLOOD, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F19-42335-Q
ORDER
MARICELA BREEDLOVE PRESIDING JUSTICE
Volume 7 of the reporter's record filed December 5, 2022, contains exhibits that appear to contain material that should have been placed under seal in the trial court, specifically State's exhibit 2 and State's exhibit 3. See TEX. CODE CRIM. PROC. ANN. art. 38.45(b) (requiring trial court to place certain materials under seal on conclusion of the criminal hearing or proceeding); TEX. R. APP. P. 9.10(g) (material required to be sealed under article 38.45 must be treated in accordance with the statute). State's exhibits 2 and 3 in volume 7 of the reporter's record do not appear to be under seal.
We ORDER the Honorable Tammy Kemp, Presiding Judge, 204th Judicial District Court, to conduct a hearing and determine whether State's exhibits 2 and 3 in volume 7 of the reporter's record should be placed under seal pursuant to article 38.45(b), enter an appropriate order placing under seal any exhibits subject to article 38.45(b), and transmit a copy of the sealing order to the court reporter within THIRTY DAYS of the date of this order.
Rule 9.10(g) requires that sealed materials be separated from unsealed materials and filed in separate records. TEX. R. APP. P. 9.10(g). The sealing order must be the first document that appears in the sealed record. Id.
We ORDER Debi C. Harris, Court Reporter, to file a new volume 7 of the reporter's record containing only the exhibits not subject to the sealing order, and we ORDER her to file a new volume 7A of the reporter's record containing only the trial court's sealing order and the exhibits subject to the trial court's sealing order with the sealing order appearing as the first document in the sealed record. We ORDER the court reporter to file volumes 7 and 7A pursuant to this order within FIFTEEN DAYS after the trial court signs the sealing order.
Volume 7 of the reporter's record filed December 5, 2022, is ORDERED SEALED pending the trial court's issuance of a sealing order pursuant to article 38.45(b) and the court reporter's filing of a corrected volume 7 of the reporter's record.
We DIRECT the Clerk of the Court to remove this case from the April 19, 2023 submission docket. The case will be reset for submission in due course.
We DIRECT the Clerk of the Court to send copies of this order to the Honorable Tammy Kemp, Presiding Judge, 204th Judicial District Court; Debi C. Harris, Court Reporter; and to counsel for all parties.
This appeal is ABATED to allow the trial court to comply with the above order. This appeal shall be reinstated when volume 7 and volume 7A are filed in this Court by the court reporter or at such other time as the Court deems proper.