Francisco Javier Rosales Santamaria v. State

Opinion

Order entered December 3, 2020

In The Court of Appeals Fifth District of Texas at Dallas

No. 05-20-00051-CR

FRANCISCO JAVIER ROSALES SANTAMARIA, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 291st Judicial District Court Dallas County, Texas Trial Court Cause No. F17-72122-U

ORDER

Appellant, who was convicted of aggravated sexual assault of a child under

the age of fourteen years, filed his brief on November 30, 2020. In the brief,

appellant identifies the victim by name; he also identifies other children by name.

This Court does not allow a party to file a brief that discloses the names of victims

or the names of 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 any individuals 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 the Honorable

Stephanie Huff, Presiding Judge, 291st Judicial District Court; to J. Stephen

Cooper; and to the Dallas County District Attorney’s Office, Appellate Division.

/s/ ROBERT D. BURNS, III CHIEF JUSTICE