Opinion
NO. 01-12-00294-CV
03-30-2012
IN RE KATHLEEN ANN MONTAGUE, Relator
Original Proceeding on Petition for Writ of Habeas Corpus
MEMORANDUM OPINION
Relator, Kathleen Ann Montague, has filed a petition for writ of habeas corpus. See TEX. R. APP. P. 52.1; see also TEX. GOV'T CODE ANN. § 22.221(d) (Vernon 2004). She complains of the trial court's March 20, 2012 order entitled, "Order of Enforcement by Contempt and Order for Commitment to the Harris County Jail." In the order, the trial court found relator in criminal contempt for violating, on two occasions, an agreed possession order. For the violations, the trial court ordered relator confined in jail for 90 days, with her sentence set to begin on March 30, 2012. Having reviewed the petition and the record, we conclude that relator has not shown that the trial court's contempt order is void, either because it is beyond the court's power or because relator has not been afforded due process. See In Re Henry, 154 S.W.3d 594, 596 (Tex. 2005).
This original proceeding arises out of Cause No. 2005-17008, styled In the Interest of A.W.L., K.E.L., and G.W.L., Minor Children, in the 247th District Court, Harris County, Texas, the Honorable Bonnie Crane Hellums, presiding.
However, in conformity with the record and the date the order sets for relator's sentence to begin, we reform the March 20, 2012 contempt order to reflect that relator is initially to appear and surrender herself to the Harris County Sheriff's Office on March 30, 2012 at 7:00 p.m., rather than on March 23, 2012 at 7:00 p.m., as stated in the order. See In re Stenson, No. 14-06-00094-CV, 2006 WL 1331147, at *2 (Tex. App.—Houston [14th Dist.] May 11, 2006, orig. proceeding) (mem. op.) (recognizing appropriateness of reforming contempt order when trial court miscalculated date sentence was to end); In re Zapata, 129 S.W.3d 775, 781 (Tex. App—Fort Worth 2004, orig. proceeding) (reforming portion of contempt order).
We deny relator's petition for writ of habeas corpus and reform the March 20, 2012 contempt order, as indicated.
PER CURIAM
Panel consists of Chief Justice Radack and Justices Jennings and Higley.