Enrique Peralta v. State ( 2019 )

Order entered December 13, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00623-CR
No. 05-19-00624-CR
ENRIQUE PERALTA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 282nd Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F18-75329-S & F18-75330-S
ORDER
Before the Court is the State’s December 11, 2019 second motion to extend the time to
file its brief. The brief, received with the motion, identifies under-aged children 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. 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 the State’s
tendered brief.
We ORDER the State to file, within TEN DAYS of the date of this order, an amended
brief that identifies under-aged children either generically (for example, “victim” or “appellant’s
son”) or by initials only, even when quoting relevant portions of the record. We will defer ruling
on the State’s motion for an extension of time until the amended brief complying with this order
is received.
/s/ LANA MYERS
JUSTICE