Dreseyon Isiah Owens v. the State of Texas

Opinion

Order entered February 15, 2023

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-22-01052-CR

DRESEYON ISIAH OWENS, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F20-41487

ORDER

On December 20, 2023, this Court struck volume 2 of the “sealed” clerk’s

record because it did not contain a sealing order. We ordered the district clerk to

file within ten days an unsealed volume 2 of the clerk’s record with any documents

not subject to an order by the trial court sealing the documents and, if appropriate,

a sealed volume of the clerk’s record with the trial court’s sealing order and the

sealed documents. When the district clerk failed to refile volume 2 of the clerk’s

record by January 27, 2023, we asked appellant to provide notice whether the documents in the stricken volume 2 of the clerk’s record were necessary to the

appeal. On February 7, 2023, appellant notified the Court that the documents are

necessary to the appeal. On February 9, 2023, the district clerk refiled volume 2 of

the clerk’s record; the cover page of the volume states the volume is “sealed,” but

again the clerk’s record does not include a sealing order.

We STRIKE volume 2 of the clerk’s record filed February 9, 2023.

We ORDER the Honorable Raquel Rocky Jones, Presiding Judge, 203rd

Judicial District Court, to determine whether any of the documents in volume 2 of

the reporter’s record contain sensitive or confidential data and should be subject to

a sealing order. Judge Jones shall identify which documents, if any, should be

subject to a sealing order; Judge Jones shall sign a sealing order sealing those

documents the trial court found should be subject to a sealing order; and Judge

Jones shall notify the district clerk of the sealing order or that no documents are

subject to a sealing order within THIRTY DAYS of the date of this order.

If the trial court determines that none of the documents should be subject to

a sealing order, then the district clerk shall transmit volume 2 of the clerk’s record

to this Court in an unsealed volume of the clerk’s record without a sealing order. If

the trial court determines that some or all of the documents should be subject to a

sealing order, then the district clerk shall transmit those documents in a sealed volume of the clerk’s record to this Court with the sealing order as the first

document in the sealed volume of the clerk’s record; and the district clerk shall

transmit any remaining unsealed documents in a separate unsealed volume of the

clerk’s record without a sealing order. See TEX. R. APP. P. 9.10(g). We ORDER

Felicia Pitre, Dallas County District Clerk, to file the sealed and/or unsealed

volumes of the clerk’s record with this Court within FIFTEEN DAYS of receiving

notice from the trial court of which documents, if any, are subject to a sealing order

and receiving any applicable sealing order from the trial court.

Appellant’s brief shall be due THIRTY DAYS after the sealed and/or

unsealed volume 2 of the clerk’s record is received in this Court.

This appeal is ABATED to allow the trial court to comply with the above

order. This appeal shall be reinstated when the record transmitted by the trial court

is received or at such other time as the Court deems proper.

We DIRECT the clerk to send copies of this order to the Honorable Raquel

Rocky Jones, Presiding Judge, 203rd Judicial District Court; Felicia Pitre, Dallas

County District Clerk; and to counsel for all parties.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE