Opinion
No. 04-20-00207-CR
12-16-2020
Jacob Charles SMITH, Appellant v. The STATE of Texas, Appellee
From the 451st Judicial District Court, Kendall County, Texas
Trial Court No. 6598
Honorable Stephen B. Ables, Judge Presiding
ORDER
In these appeals, the reporter's records were initially due on April 6, 2020, see TEX. R. APP. P. 35.1, about one month after the beginning of the COVID-19 pandemic. In the intervening months, because of the court reporter's extraordinary circumstances—including her own poor health and the death of her elderly mother—we have granted five extensions to file the records, but the records have not yet been filed.
On December 1, 2020, we ordered court reporter Connie S. Calvert to file the reporter's records not later than December 11, 2020. We warned her that if she failed to comply with our order, we would order her to show cause why she should not be held in contempt for failing to file the records.
On December 11, 2020, Ms. Calvert filed a sixth request for an extension of time to file the reporter's records. She provided a signed, detailed report describing the records' statuses. She also stated she expects to finish the records in one week, but she requested a thirty-day extension.
The request is GRANTED. We ORDER court reporter Connie S. Calvert to file the reporter's records in this court not later than January 11, 2021. See id. R. 35.3(c).
If the reporter's records are not filed as ordered, a show cause order shall issue directing Connie S. Calvert to appear on a day certain and show cause why she should not be held in contempt for failing to file the records. See id.; see also TEX. GOV'T CODE ANN. § 21.002 (authorizing contemnor punishment up to "a fine of not more than $500 or confinement in the county jail for not more than six months, or both such a fine and confinement in jail"); Johnson v. State, 151 S.W.3d 193, 195-96 (Tex. Crim. App. 2004) (noting the court's previous action holding a court reporter in contempt for "repeatedly fail[ing] to prepare and file the record" and "order[ing] him incarcerated . . . until the record was finished").
We direct the clerk of this court to cause a copy of this order to be served on Connie S. Calvert by certified mail, return receipt requested, with delivery restricted to addressee only, or give other personal notice of this order with proof of delivery.
/s/_________
Patricia O. Alvarez, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 16th day of December, 2020.
/s/_________
MICHAEL A. CRUZ, Clerk of Court