Saul Hurtado v. State ( 2004 )

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

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NO. 03-03-00401-CR NO. 03-03-00402-CR NO. 03-03-00403-CR

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In re Leon Justice



Saul Hurtado, Appellant

v.

The State of Texas, Appellee

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FROM THE DISTRICT COURT OF TRAVIS COUNTY, 299TH JUDICIAL DISTRICT NOS. 3020967, 9020998 & 9020999, HONORABLE JON N. WISSER, JUDGE PRESIDING

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O R D E R T O S H O W C A U S E

PER CURIAM

This is a contempt proceeding ancillary to Saul Hurtado's appeals from convictions for criminally negligent homicide and aggravated assault. The subject of this proceeding is Mr. Leon Justice, court reporter for the 299th District Court.

The reporter's record was originally due to be filed on July 28, 2003. On September 25, 2003, after he failed to respond to the Clerk's notice that the record was overdue, this Court ordered Justice to tender the record for filing no later than October 31, 2003. Justice failed to file the record as ordered. On December 12, 2003, Justice informed the Court that the record would be ready for filing by January 26, 2004. The Clerk informed Justice in writing that the Court expected the record no later than that date. The record still has not been received.

The said Leon Justice is hereby ordered to appear in person before this Court on the 18th day of February 2004, at 8:30 o'clock a.m., in the courtroom of this Court, located in the Price Daniel, Sr. Building, 209 West 14th Street, City of Austin, Travis County, Texas, then and there to show cause why he should not be held in contempt and sanctions imposed for his failure to obey the September 25, 2003, order of this Court. This order to show cause will be withdrawn and the said Leon Justice will be relieved of his obligation to appear before this Court as above ordered if the Clerk of this Court receives the reporter's record by February 13, 2004.

It is ordered February 2, 2004.

Before Chief Justice Law, Justices Patterson and Puryear

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