in Re: Angelia K. Burleson ( 1999 )

,
Writ of Habeas Corpus Granted, Opinion and Order issued May 26, 1999
In The
801 S.W.2d 833, 834-35 (Tex. 1990) (orig.
proceeding). Therefore, Burleson is entitled to habeas corpus review and we sustain her first issue. See
id. However, in order to grant the writ of habeas corpus, this Court must find the commitment order is
void, "either because it was beyond the power of the court or because it deprived the relator of his liberty
without due process oflaw." See Er:parte Barnett, 600 S.W.2d 252, 254 (Tex. 1980) (orig. proceeding).
In this case, the sentence imposed by the trial court in its order of enforcement is for criminal
or "punitive" contempt because the relator cannot by her own actions "purge" herself of the contempt and
avoid the sentence. See Ex parte Johns, 807 S.W.2d 768, 770-71 (Tex. App.-Dallas 1991, orig.
proceeding). The Texas Government Code provides a trial court is limited to imposition of a sentence
of not more than six months confinement for each finding of criminal contempt. See TEX. Gov'T. CODE
A.t'm. § 21. 002(b) (Vernon 1988). We conclude the trial court's enforcement order is void because it
imposes a sentence of two years confinement, which is beyond the maximum sentence permitted qy law.
See id. Therefore, we sustain Burleson's second issue.
In her third and fourth issues, Burleson contends Phelps' motion for enforcement and the trial
court's order do not specify the dates for each alleged act of contempt as required by the Texas Family
Code. The family code provisions referred to by relator involve the requirements for motions to enforce
payment of child support obligations. See TEX. FAM. CODE ANN. § 157.002 (b) (Vernon Supp. 1999).
The particular provision being enforced in this case is not one for payment of child support. Therefore,
we hold the requirement to include the dates of noncompliance does not apply in this case. The family
code requires a motion for enforcement of other provisions of a divorce decree to state in ordinary and
concise language the provision of the order allegedly violated and sought to be enforced, the manner of
noncompliance, and the relief requested, along with the signature of the movant or her attorney. See TEX.
FAM. CoDE ANN. § 15 7. 002 (a) (Vernon 1996). The motion in the present case meets these requirements.
Consequently, we deny Burleson's third and fourth issues.
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We hereby GRANT relator's petition for writ of habeas corpus because the trial court improperly
imposed a sentence of more than six months confinement for one act of criminal or "punitive" contempt.
We hereby ORDER Angelia K. Burleson f/k/a Angelia K. Phelps unconditionally released and
discharged from those portions of the orders issued February 1, 1999 by the 33Qth District Court ofDallas
County, Texas in cause number 94-2763-Y styled In the Interest of Wesley Phelps. a Child imposing a
sentence for contempt and conditions of probation for two years on Angeli a K. Burleson f/k/a Angelia
K. Phelps.
Do Not Publish
TEX. R. APP. P. 47
990703F.U05
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