Opinion
Appellate case number: 01-16-00879-CR
06-15-2017
ORDER Trial court case number: 1462163 Trial court: 178th District Court of Harris County
On June 14, 2017, the State of Texas filed a motion to seal or strike appellant's brief, filed on April 19, 2017, in the above-referenced appeal, because it contains "sensitive data" as defined by Texas Rule of Appellate Procedure 9.10(a)(3). Specifically, the brief identifies by full name the complainant, who was a minor at the time of the alleged offense of sexual assault of a child. See TEX. PENAL CODE ANN. § 43.24(a)(1) (West 2015); cf. TEX. PENAL CODE ANN. § 33.021(a)(1) (West 2015); 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.").
When briefs are filed in this Court, generally, they are posted on our external website. Later on June 14, 2017, appellant's counsel filed an amended brief in this Court that appropriately redacts the minor's name. See TEX. R. APP. P. 9.10(d).
Accordingly, because appellant's counsel already filed an amended brief, the Court GRANTS the State's motion to STRIKE the appellant's original brief, filed on April 19, 2017, which has been removed from this Court's external website. The State's appellee's brief remains due by June 19, 2017.
It is so ORDERED. Judge's signature: /s/ Laura C. Higley
[v] Acting individually [ ] Acting for the Court
Date: June 15, 2017