Enriquesinger Garcia v. State

Court of Appeals of Texas·Decided April 27, 2020·No. 05-19-01378-CR·Published

Opinion

Order entered April 27, 2020

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-19-01378-CR

ENRIQUESINGER GARCIA, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 296th Judicial District Court Collin County, Texas

Trial Court Cause No. 296-80082-2018

ORDER

Appellant, who was convicted of continuous sexual abuse of a child under fourteen years of age, filed his brief on April 21, 2020. In his brief, appellant identifies the victim by name while quoting a portion of the record. 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 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.

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

/s/ BILL PEDERSEN, III

JUSTICE

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