Opinion
CAUSE NO. 12-19-00145-CR
01-15-2020
MARK ALLEN VANHOUTEN, APPELLANT v. THE STATE OF TEXAS, APPELLEE
APPEALED FROM 7TH DISTRICT IN AND FOR COURT SMITH COUNTY, TEXAS
ORDER TO APPEAR AND SHOW CAUSE
James W. Huggler, Jr. is appointed counsel on appeal in the above styled and numbered case, and has failed to file the appellant's brief as set out below.
The filing deadlines and extensions thereof are as follows:
August 27, 2019 Appellant's brief dueThe appellant's brief has not been filed.
August 29, 2019 1 Extension granted by the Court to September 26, 2019
October 3, 2019 2 Extension granted by the Court to October 28, 2019
October 30, 2019 3 Extension granted by the Court to December 2, 2019; no further extensions
December 4, 2019 Order remanding to trial court for hearing pursuant to Tex. R. App. P. 38.8
December 19, 2019 38.8 Hearing held by the trial court
January 3, 2020 Appellant's brief due in accordance with 38.8 hearing
January 6, 2020 4 Extension overruled by the Court and brief ordered to be filed immediately
January 10, 2020 Notice the matter has been referred to the Court for further action
Accordingly, as required by Rule 38.8(b)(4) of the Texas Rules of Appellate Procedure, the clerk has referred this matter to the Court for further action.
NOW, THEREFORE, IT IS ORDERED that Mr. James W. Huggler, Jr. shall appear before this Court at 2:00 PM on Monday, February 3, 2020, prepared to show cause to this Court why he should not be held in contempt for failing to obey this Court's order of January 6, 2020, whereby he was ordered to immediately file the appellant's brief.
Because you are subject to criminal penalties, that is, incarceration and/or a fine up to $500.00, you have a right to counsel during these proceedings. If you desire to have counsel, counsel must be present with you on Monday, February 3, 2020, at 2:00 PM and ready to proceed with the hearing. If you do not have counsel with you, you should be prepared to waive your right to counsel.
IT IS FURTHER ORDERED that the clerk of this Court shall issue a Notice to Appear and Show Cause commanding James W. Huggler, Jr. to appear before this Court at 2:00 PM on Monday, February 3, 2020, to show cause why he should not be held in contempt of this Court, and be punished, for failing to obey the order of this Court dated January 6, 2020. A copy of the January 6, 2020, Order shall accompany the Notice.
IT IS SO ORDERED ON THIS THE 15th day of January 2020.
WITNESS the Honorable James T. Worthen, Chief Justice, Court of Appeals, 12 Court of Appeals District, Tyler, Texas.
GIVEN UNDER MY HAND AND SEAL OF OFFICE at Tyler, Texas, this 15th day of January 2020, A.D.
/s/_________
KATRINA MCCLENNY, CLERK ISSUED this 15th day of January 2020.
NOTICE TO APPEAR AND SHOW CAUSE
A correct and complete copy of the Order of January 6, 2020, is attached to this Notice and fully incorporated for all purposes.
NOW, THEREFORE, Mr. James W. Huggler, Jr. is hereby commanded to appear at 2:00 PM on Monday, February 3, 2020, before the Twelfth Court of Appeals at its courtroom located on the first floor of the Cotton Belt Building at 1517 West Front Street, Tyler, Texas, to show cause why he should not be held in contempt of the Twelfth Court of Appeals for failing to obey this Court's order dated January 6, 2020, and why he should not be punished for such failure.
GIVEN UNDER MY HAND AND SEAL OF OFFICE at Tyler, Texas, this 15th day of January 2020, A.D.
/s/_________
KATRINA MCCLENNY, CLERK
OFFICER'S RETURN
Came to hand on this ___day of __________, 2020, at __________o'clock, ___.M., and executed at Smith County, Texas, on the ___day of __________, 2020, by delivering to Mr. James W. Huggler, Jr. at his work address of 100 East Ferguson, Suite 805, Tyler, Smith County, Texas, 75702 (or wherever he may be found), the original Order and Notice to Appear and Show Cause which accompanied this writ.
Return must be made to this Court within five (5) days after service.
To certify which witness my hand officially.
__________
(Signature)
__________
(Print or type name)
__________
(Title)
Of Smith County, Texas
APPEALED FROM 7TH DISTRICT COURT IN AND FOR SMITH COUNTY, TEXAS
PRECEPT TO SERVE
From the State of Texas to any Sheriff, Constable or Peace Officer with jurisdiction to serve process in Smith, Texas, Greetings:
You are hereby commanded to serve the accompanying copy of an Order in the above-stated Cause on Mr. James W. Huggler, Jr., who can be served at 100 East Ferguson, Suite 805, Tyler, Smith County, 75702, in the State of Texas.
Herein fail not, but of this order, and how you have executed the same, make due return within five (5) days after service.
WITNESS the Honorable James T. Worthen, Chief Justice, Court of Appeals, 12 Court of Appeals District, Tyler, Texas.
GIVEN UNDER MY HAND AND SEAL OF OFFICE at Tyler, Texas, this 15th day of January 2020, A.D.
/s/_________
KATRINA MCCLENNY, CLERK ISSUED this 15th day of January 2020.