In The
Court of Appeals
Sixth Appellate District of Texas at Texarkana
No. 06-14-00101-CR
DAVID RAY PENNY, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 8th District Court
Hopkins County, Texas
Trial Court No. 1323669
Before Morriss, C.J., Moseley and Burgess, JJ.
ORDER
Our review of the court reporter’s record and clerk’s record in this case indicates that
both such records contain “sensitive data” as that phrase is defined in Rule 9.10 of the Texas
Rules of Appellate Procedure. See TEX. R. APP. P. 9.10(a). Sensitive data includes “a birth date,
a home address, and the name of any person who was a minor at the time the offense was
committed.” TEX. R. APP. P. 9.10(a)(3). Both records include the names of persons who were
minors at the time the offense was committed. Rule 9.10(b) states, “Unless a court orders
otherwise, an electronic or paper filing with the court, including the contents of any appendices,
must not contain sensitive data.” TEX. R. APP. P. 9.10(b).
Rule 9.10(f) provides, “A court may also order that a document be filed under seal in
paper form or electronic form, without redaction.” TEX. R. APP. P. 9.10(f). Therefore, because
the court reporter’s record and clerk’s record contain sensitive data, we order the clerk of this
Court or her appointee, in accordance with Rule 9.10(f), to seal the electronically filed reporter’s
record and clerk’s record in this case. See id.
IT IS SO ORDERED.
BY THE COURT
Date: January 28, 2015
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