Opinion
05-22-00370-CR
08-03-2022
On Appeal from the 195th Judicial District Court Dallas County, Texas Trial Court Cause No. F16-76031-N
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
On February 21, 2022, appellant was convicted of sexual assault of a child younger than 17 years of age. Before the Court is appellant's July 29, 2022 motion for an extension of time along with the tendered brief. We have reviewed the brief and note that appellant uses the victim's name.
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 minors 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 defer ruling on the extension motion until the amended corrected brief is received.
We DIRECT the Clerk to send copies of this order to the Honorable Hector Garza, Presiding Judge, 195th Judicial District Court; to Michael Casillas; and to the Dallas County District Attorney's Office, Appellate Division.