Opinion
No. 04-20-00207-CR
01-12-2021
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 June 15, 2020, see TEX. R. APP. P. 35.1, about three months after the beginning of the COVID-19 pandemic. Since then, 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.
Most recently, after 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, she risked being held in contempt for failing to file the records. Nevertheless, she sought a fifth extension, which we granted. In it, we ordered her to file the reporter's records in this court not later than January 11, 2021. See id. R. 35.3(c). She did not.
On January 12, 2021, Connie S. Calvert filed a sixth request for an extension of time to file the records until January 16, 2021.
The request is GRANTED. We ORDER Connie S. Calvert to file the completed reporter's records in all three appeals not later than 5:00 pm CST on January 19, 2021.
If the records are not filed as ordered, this court will take appropriate measures to protect Appellant's rights, such as ordering Connie S. Calvert to report to the Fourth Court of Appeals each workday to complete the records under this court's direct supervision. Additional measures may include both civil and criminal 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 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 12th day of January, 2021.
/s/_________
MICHAEL A. CRUZ, Clerk of Court