Opinion
05-22-00670-CR
11-30-2022
FERNANDO ANGELES DURAN, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F20-59926-J
ORDER
DENNISE GARCIA, JUSTICE
Before the Court is the November 28, 2022 request of court reporter Kimberly Xavier for an extension of time to file the reporter's record. We GRANT the request and ORDER the reporter's record filed by December 28, 2022.
On November 14, 2022, the district clerk filed a sealed volume of the clerk's record in this case. Rule 9.10(g) requires that the trial court's sealing order must be the first document that appears in a sealed volume of the clerk's record filed in electronic form. See Tex. R. App. P. 9.10(g). In the sealed volume the district clerk 1 filed, a trial court sealing order, signed March 3, 2022, appears toward the end of the sealed record, labeled in the table of contents as "Order-Miscellaneous 2-28-22."
Because the sealed volume of the clerk's record is not properly sealed, we STRIKE the November 14, 2022 sealed clerk's record. We ORDER Dallas County District Clerk Felicia Pitre to file, within FOURTEEN DAYS of the date of this order, a sealed volume of the clerk's record that begins with the trial court's sealing order as required by rule of appellate procedure 9.10(g).
We DIRECT the Clerk of the Court to send copies of this order to Kimberly Xavier, official court reporter, Criminal District Court No. 3; to Felicia Pitre, Dallas County District Clerk; and to counsel for all parties. 2