Opinion
No. 04-20-00207-CR
12-01-2020
Jacob Charles SMITH, Appellant v. THE STATE OF TEXAS, Appellee
From the 451st Judicial District Court, Kendall County, Texas
Trial Court No. 6598
The 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. Over the next several months, court reporter Connie S. Calvert explained she explained that she had been tending to her elderly mother's life-threatening health issues that have been exacerbated by the COVID-19 pandemic. We granted three extensions before her mother passed away. In her fourth motion, Ms. Calvert stated she did not expect any further delays in preparing and filing the records. On October 19, 2020, we granted the fourth motion and set the records due on November 13, 2020.
On November 19, 2020, after no records were filed, this court contacted Ms. Calvert seeking a status report. In a three-word response, Ms. Calvert stated the records were not yet complete, but she did not provide a detailed, written status report as required by our October 19, 2020 order.
We ORDER court reporter Connie S. Calvert to file the reporter's records in this court not later than TEN DAYS from the date of this order. 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 1st day of December, 2020.
/s/_________
MICHAEL A. CRUZ, Clerk of Court