Opinion
04-24-00269-CV
09-12-2024
IN THE MATTER OF D.J.,
From the 436th District Court, Bexar County, Texas Trial Court No. 2023JUV00116 Honorable William (Cruz) Herman Shaw III, Judge Presiding
ORDER
Lori Massey Brissette, Justice
On August 8, 2024, Appellant's court-appointed counsel, Mr. Patrick B. Montgomery, filed an Anders brief. See Anders v. California, 386 U.S. 738, 744 (1967).
On August 9, 2024, we advised counsel that the brief did not meet the Kelly requirements. See Kelly v. State, 436 S.W.3d 313, 319-20 (Tex. Crim. App. 2014). We identified the specific deficiencies, and we ordered Mr. Montgomery to file a motion to withdraw and a response demonstrating that he had complied with the Kelly requirements by August 19, 2024.
To date, counsel has not complied with our August 9, 2024 order. Accordingly, we ORDER Mr. Patrick B. Montgomery to comply with our August 9, 2024 order by September 27, 2024.
If Mr. Montgomery fails to comply as ordered, we may order him to appear before this court to show cause why he should not be held in criminal contempt for failing to comply with this court's orders of August 9, 2024, and this date. See TEX. R. APP. P. 38.3(B)(4); Ex parte Werblud, 536 S.W.2d 542, 545 (Tex. 1976) (noting that criminal contempt is used to punish a contemnor "for some completed act which affronted the dignity and authority of the court"); Ex parte Gorena, 595 S.W.2d 841, 843 (Tex. 1979) (recognizing a court's inherent power to punish for contempt).
We direct the clerk of this court to serve this order on Mr. Montgomery via electronic means and by certified mail, return receipt requested.