Gabriel Adrian Guerra v. State ( 2019 )

Order entered December 20, 2019
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00720-CR
GABRIEL ADRIAN GUERRA, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-81860-2018
ORDER
Appellant, who was convicted of continuous sexual abuse of a child under the age of
fourteen, filed his original brief on November 18, 2019 and an amended brief on December 2,
2019. In both briefs, appellant identifies the child victim and another child 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 an aggravated sexual assault 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 briefs.
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, giving a statement of the case, or attaching an appendix.
We DIRECT the Clerk to send copies of this order to Mark Heidenheimer and the Collin
County District Attorney.
/s/ LANA MYERS
JUSTICE