Opinion
05-22-00015-CR
07-28-2022
MANUEL HERRERA, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 366th Judicial District Court Collin County, Texas Trial Court Cause No. 366-82166-2018
ORDER
ROBERT D. BURNS, III, CHIEF JUSTICE
Appellant was convicted of continuous sexual abuse of a child younger than 14 years of age, indecency with a child by sexual contact, and aggravated sexual assault of a child younger than 14 years of age. Appellant's July 21, 2022 brief uses the victim's name as well as the names of other minor children.
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 DIRECT the Clerk to send copies of this order to the Honorable Tom Nowak, Presiding Judge, 366th Judicial District Court; to Blake Burns; and to the Collin County District Attorney's Office, Appellate Division.