Opinion
05-23-00130-CR
02-21-2024
On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F21-15511-H.
ORDER
ROBERT D. BURNS, III, CHIEF JUSTICE.
We REINSTATE this appeal.
On February 20, 2024, we denied attorney Jeff Buchwald's fourth motion for extension of time to file appellant's brief and ordered the trial court to conduct a hearing and make findings concerning the filing of appellant's brief. Mr. Buchwald filed appellant's brief at 9:57 p.m. on February 20, 2024.
Accordingly, we VACATE, this Court's order of February 20, 2024, GRANT the motion for extension of time to file the brief, and ORDER the brief received February 20, 2024 filed as of the date of this order. The trial court need not hold the hearing and make the findings required by the February 20, 2024 order.
The brief, however, gives the names of persons who were minors at the time the offense was committed, including appellant and D.R. Texas Rule of Appellate Procedure 9.10(a) provides that sensitive data that may not be included in papers filed with the Court include "the name of any person who was a minor at the time the offense was committed." Tex.R.App.P. 9.10(a)(3). Accordingly, we STRIKE appellant's brief and ORDER Mr. Buchwald to file within TEN DAYS of the date of this order an amended brief referring to any person who was a minor at the time of the offense with initials or generic terms.
We DIRECT the Clerk to send copies of this order to the Honorable Tina Clinton, Presiding Judge, Criminal District Court No. 1, Dallas County; Felicia Pitre, Dallas County District Clerk; Sharyl Zeno, Official Court Reporter, Criminal District Court No. 1; Christina O'Neil, Chief Judicial Staff Counsel for the Criminal District Courts, Dallas County; and counsel for all parties.