Opinion
06-23-00087-CR
01-10-2024
PRESTON KEITH DWAYNE BERRY, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 18th District Court Johnson County, Texas Trial Court No. DC-F202100919
Before Stevens, C.J., van Cleef and Rambin, JJ.
ORDER
Our review of the clerk's record and the reporter's record in this case indicates that they contain "sensitive data" as that phrase is defined in Rule 9.10 of the Texas Rules of Appellate Procedure. See TEX. R. APP. P. 9.10(a). Sensitive data includes "a birth date, a home address, and the name of any person who was a minor at the time the offense was committed." TEX. R. APP. P. 9.10(a)(3). The clerk's record, volume one of the reporter's record and volumes ten through fourteen of the reporter's record include the name of a person who was a minor at the time the offense was committed. Rule 9.10(b) states, "Unless a court orders otherwise, an electronic or paper filing with the court, including the contents of any appendices, must not contain sensitive data." TEX. R. APP. P. 9.10(b).
Rule 9.10(g) provides, "A court may also order that a document be filed under seal in paper form or electronic form, without redaction." TEX. R. APP. P. 9.10(g). Therefore, because the clerk's record, volume one of the reporter's record and volumes ten through fourteen of the reporter's record include a minor's name, we order the clerk of this Court or her appointee, in accordance with Rule 9.10(g), to seal the electronically filed clerk's record and volumes one and ten through fourteen of the electronically filed reporter's record.
IT IS SO ORDERED.