From the 272nd District Court, Brazos County, Texas. Trial Court Nos. 09-02131-CRF-272, 09-02132-CRF-272, 09-02133-CRF-272, 09-02134-CRF-272 and 09-02135-CRF-272.
Before Chief Justice Gray, Justice Davis, and Justice Scoggins.
Justin Tyler Davis was convicted on twenty-five counts (five counts in five cases) of possession of child pornography. The five cases were tried together. Davis appealed, raising four identical issues in each case. None of the issues involved a sufficiency of the evidence complaint, thus a review of the entire record was not required. Davis did not contend on appeal that the images were not child pornography. His convictions were affirmed by this Court on February 29, 2012. We issued our mandates on July 17, 2012.
Since that time, Davis has requested a copy of various portions of the reporter's record in his appeals, including copies of photographs admitted into evidence.
Article 38.45 of the Texas Code of Criminal Procedure, entitled Evidence Depicting or Describing Abuse of or Sexual Conduct By Child or Minor, provides:
(a) During the course of a criminal hearing or proceeding, the court may not make available or allow to be made available for copying or dissemination to the public property or material:
(1) that constitutes child pornography, as described by Section 43.26(a)(1), Penal Code;
(2) the promotion or possession of which is prohibited under Section 43.261, Penal Code; or
(3) that is described by Section 2 or 5, Article 38.071, of this code.
(b) The court shall place property or material described by Subsection (a) under seal of the court on conclusion of the criminal hearing or proceeding.
(c) The attorney representing the state shall be provided access to property or material described by Subsection (a). In the manner provided by Article 39.15, the defendant, the defendant's attorney, and any individual the defendant seeks to qualify to provide expert testimony at trial ...