Opinion
No. 05-19-01566-CR No. 05-19-01567-CR
06-23-2020
MICHAEL KELLY TURNER, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the 199th Judicial District Court Collin County, Texas
Trial Court Cause No. 199-81099-2019 , counts I & II
ORDER
Appellant was convicted for continuous sexual abuse of a child under the age of fourteen and indecency with a child by sexual contact. On June 18, 2020, appellant filed his brief in the above appeals. In his brief, appellant identifies the victim by 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 also note that appellant's brief contained no citation to appropriate criminal law authority. See TEX. R. APP. P. 38.1.
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, giving a statement of the case, or attaching an appendix, and fully complies with rule 38.1.
We DIRECT the Clerk to send copies of this order to Robert Herrington and the Collin County District Attorney's Office, Appellate Division,
/s/ ROBERT D. BURNS, III
CHIEF JUSTICE