Opinion
04-23-00468-CR
12-29-2023
Ricky Lee REYES, Appellant v. The STATE of Texas, Appellee
From the 229th Judicial District Court, Jim Hogg County, Texas Trial Court No. 21-CRJ-76 Honorable Baldemar Garza, Judge Presiding
ORDER
Patricia O. Alvarez, Justice
On August 29, 2023, Appellant filed a motion for this court to order the trial court clerk to file a supplemental clerk's record that includes the trial court's punishment charge and the jury's verdict on punishment or to declare them lost or destroyed. See TEX. R. APP. P. 34.5(e). The motion included an affidavit avowing 1) that Appellant does not possess copies of the requested items and 2) that neither the trial court clerk nor the State responded to his requests for the items.
On September 5, 2023, in response to this court's inquiry, the trial court clerk stated she would file a supplemental record with the charge, but no supplemental record was filed.
On September 20, 2023, in response to this court's inquiry, the trial court clerk stated that there was no court's punishment charge in the trial court's file.
On September 25, 2023, because the parties had not agreed on the contents of the appellate record, see id. R. 34.2, we abated the appeal for the trial court to determine what constitutes an accurate copy of 1) the court's charge on the punishment and 2) the jury's punishment verdict, see id. R. 34.5(e). We ordered the trial court to make its finding by October 16, 2023, and we ordered the trial court clerk to file a supplemental record within ten days thereafter.
To date, no supplemental clerk's record has been filed, despite this court's further inquiries.
We ORDER Jim Hogg District Clerk, Zonia G. Morales, to file the punishment charge and punishment verdict in this court not later than FIFTEEN DAYS from the date of this order. See TEX. R. APP. P. 35.3(C).
If the supplemental clerk's record is not filed as ordered, a show cause order shall issue directing Zonia G. Morales 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. CODE CRIM. PROC. ANN. art. 2.21(a)(6) (“In a criminal proceeding, a clerk of the district or county court shall perform all other duties imposed on the clerk by law.”); 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”); Ex parte Barnett, 600 S.W.2d 252, 254 (Tex. 1980) (“The power to punish a party who fails or refuses to obey a prior order or decree of the court for contempt is an inherent power of a court and is an essential element of judicial independence and authority.”).