Richard Lee Cortez v. State

Order entered December 19, 2019
In the
Court of Appeals
Fifth District of Texas at Dallas
No. 05-19-00561-CR
No. 05-19-00712-CR
RICHARD LEE CORTEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 283rd Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F17-33286-T & F17-33287-T
ORDER
Appellant, who was convicted of two aggravated sexual assault of a child offenses, filed
his brief November 7, 2019. In the brief, he identifies the victim by name. The victim was a
minor at the time the offense was committed.
A party may not file a brief that discloses the names of any person who was a minor at
the time the offense was committed. 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 November 7, 2019 brief.
We ORDER appellant to file, within TEN DAYS of the date of this order, an amended
brief that identifies any minor victim and any other minor (including witnesses) either
generically (for example, “victim” or “victim’s younger sister”) or by initials only, including
when quoting relevant portions of the record or giving a statement of the case.
We DIRECT the Clerk to send copies of this order to Franklyn Michelsen Jr. and to the
Dallas County District Attorney.
/s/ CORY L. CARLYLE
JUSTICE