Augusto Ambrosio Carrera v. State

Opinion

Order entered July 8, 2019

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-18-01094-CR

AUGUSTO AMBROSIO CARRERA, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 416th Judicial District Court Collin County, Texas

Trial Court Cause No. 416-82936-2016

ORDER

Appellant, who was convicted of three counts of sexual assault of a child and three counts

of indecency with a child by sexual contact, filed his brief on June 17, 2019. In the brief, appellant identifies the child victim by name. This Court does not allow a party to file a brief that discloses the names of child victims, child witnesses, or any other children discussed or identified at trial in a sexual assault or indecency case. 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 June 17, 2019 brief.

We ORDER appellant to file, within TEN DAYS of the date of this order, an amended brief that identifies any child victim and any other child (including witnesses) either generically (for example, “victim” or “victim’s younger sister”) or by initials only, including when quoting relevant portions of the record or giving a statement of the case.

We DIRECT the Clerk to send copies of this order to Kristin Brown and to the Collin County District Attorney.

/s/ LANA MYERS

JUSTICE