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Donihoo v. State

Court of Appeals of Texas, Fifth District, Dallas
Aug 12, 2021
No. 05-20-01033-CR (Tex. App. Aug. 12, 2021)

Opinion

05-20-01033-CR 05-20-01034-CR05-20-01035-CR

08-12-2021

CHRISTIAN COLE DONIHOO, Appellant v. THE STATE OF TEXAS, Appellee


On Appeal from the 416th Judicial District Court Collin County, Texas Trial Court Cause No. 416-83060-2020 cts. 1-3

ORDER

DENNISE GARCIA, JUSTICE

We REINSTATE these appeals.

We abated because appellant's brief had not been filed. On August 9, 2021, appellant tendered a brief and filed motions to extend time to file the same. We contacted the trial court and were notified that a hearing had been held but that no findings had been or would be made. We then reviewed the brief and noted two instances on page 39 of appellant's brief where the victim's name is used.

This Court does not allow a party to file a brief that discloses the names of victims or witnesses who were children at the time of the offenses, or the names of any other children discussed or identified at trial. See TEX. R. APP. P. 9.10(b) ("Unless a court orders otherwise, an electronic or paper filing with the court, including the contents of any appendices, must not contain sensitive data."), id. 9.10(a)(3) ("Sensitive Data Defined. Sensitive data consists of . . . a birth date, a home address, and the name of any person who was a minor at the time the offense was committed."). Accordingly, we STRIKE appellant's brief.

We ORDER appellant to file, within TEN DAYS of the date of this order, an amended brief that identifies the victim and any others who were children at the time of this or any other offense either generically (for example, "victim") or by initials only, including when quoting relevant portions of the record or giving a statement of the case. We will defer ruling on appellant's extension motions until the amended brief is received.

We DIRECT the Clerk to send copies of this order to the Honorable Andrea Thompson, Presiding Judge, 416th Judicial District Court; to Christopher Routt; and to the Collin County District Attorney's Office, Appellate Division.


Summaries of

Donihoo v. State

Court of Appeals of Texas, Fifth District, Dallas
Aug 12, 2021
No. 05-20-01033-CR (Tex. App. Aug. 12, 2021)
Case details for

Donihoo v. State

Case Details

Full title:CHRISTIAN COLE DONIHOO, Appellant v. THE STATE OF TEXAS, Appellee

Court:Court of Appeals of Texas, Fifth District, Dallas

Date published: Aug 12, 2021

Citations

No. 05-20-01033-CR (Tex. App. Aug. 12, 2021)