Opinion
05-23-01143-CR
12-13-2023
ANTHONY MAURICE MCGHEE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 382nd Judicial District Court Rockwall County, Texas Trial Court Cause No. 2-23-0456
ORDER
NANCY KENNEDY, JUSTICE
Volumes 5 and 6 of the reporter's record filed December 11, 2023, are marked "SEALED." Texas Rule of Appellate Procedure 9.10(g) provides,
If a court orders material sealed, whether it be sensitive data or other materials, the court's sealing order must be affixed to the outside of the sealed container if the sealed material is filed in paper form, or be the first document that appears if filed in electronic form. Sealed portions of the clerk's and reporter's records should be clearly marked and separated from unsealed portions and tendered as separate records, whether in paper form or electronic form.
Volumes 5 and 6 of the reporter's record do not include a sealing order as required by Rule 9.10(g).
We ORDER the trial court to review volumes 5 and 6 of the reporter's record and determine which documents should be subject to a sealing order and to sign a sealing order sealing those documents in volumes 5 and 6 of the reporter's record the trial court found should be subject to a sealing order; and the trial court shall notify the court reporter of the sealing order and the documents subject to the sealing order or that no documents in those volumes are subject to a sealing order within THIRTY DAYS of the date of this order.
We ORDER Linda A. Maddox, Official Court Reporter, 382nd District Court, to refile volumes 5 and 6 of the reporter's record within FORTY-FIVE DAYS of the date of this order. If the trial court finds that no documents should be subject to a sealing order, the court reporter shall refile volumes 5 and 6 with the exhibits and without the word "SEALED" on those volumes. If the trial court determines that some or all of the documents should be filed under seal and signs a sealing order, the court reporter shall refile volumes 5 and 6 of the reporter's record as sealed volumes containing the documents the trial court determined should be subject to the sealing order and with the trial court's sealing order as the first document in the reporter's record volume, see Tex. R. App. P. 9.10(g), and the documents, if any, in volumes 5 and 6 that the trial court determines are not subject to the sealing order shall be filed in a supplemental reporter's record without a sealing order.
We ABATE this appeal for the trial court to comply with this order. The appeal shall be reinstated when the Court receives the refiled volumes 5 and 6 of the reporter's record or at such other time as the Court deems appropriate.
We DIRECT the Clerk to send copies of this order to the Honorable Brett Hall, Presiding Judge, 382nd Judicial District Court; Linda A. Maddox, Official Court Reporter, 382nd District Court; and counsel for all parties.