Opinion
01-23-00948-CR
06-11-2024
Robert Rene Lopez v. State of Texas
Trial court: 228th District Court of Harris County, Trial court case number: 1618603
ORDER
April L. Farris Justice
Appellant, Robert Rene Lopez, appealed from the trial court's December 1, 2023 Judgment of Conviction by Jury. On May 31, 2024, appellant filed his appellant's brief. Throughout appellant's brief, appellant refers by name to individuals who were minors at the time of the occurrence of the events described in appellant's brief. Texas Rule of Appellate Procedure 9.10, which provides for privacy protection for documents filed in criminal cases, requires that "an electronic or paper filing with [an appellate] court . . . must not contain sensitive data." See Tex. R. App. P. 9.10(b) (requiring redaction of any filing including "sensitive data"). "Sensitive data" includes "the name of any person who was a minor at the time the offense was committed." See Tex. R. App. P. 9.10(a)(3).
On May 31, 2024, the State filed a "Motion to Seal or Strike Appellant's Brief." In its motion, the State noted that "appellant was convicted of the offense of indecency with a child," and that the "complainant was 13 years old at the time of the offense." Use of the "minor[] [complainant's] name is rampant throughout" appellant's brief. Accordingly, appellant's brief fails to comply with Texas Rule of Appellate Procedure 9.10(b), and the State requested that appellant's brief be sealed or stricken.
The State's motion is granted. Appellant's May 31, 2024 brief is stricken from the Court's records. Appellant is further directed to file an amended brief complying with the Texas Rules of Appellate Procedure within ten days of the date of this order. The State's brief will be due thirty days after the date appellant files his amended brief.
It is so ORDERED.