TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN
In re Mary Belton
Nathaniel Drew Carter III, Appellant
v.
The State of Texas, Appellee
NO. F-0273284-IH, HONORABLE JANICE L. WARDER, JUDGE PRESIDING
PER CURIAM
This is a contempt proceeding ancillary to Nathaniel Drew Carter's appeal from a judgment of conviction for burglary. The subject of this proceeding is Mary Belton, court reporter for the Criminal District Court of Dallas County.
The reporter's record was originally due to be filed on February 3, 2003. On April 10, 2003, after the reporter failed to respond to the Court's overdue notice, the Court ordered the preparation and filing of the record no later than May 18, 2003. The record was not received as ordered. On July 25, 2003, the Court ordered Mary Belton to tender the record for filing in this cause no later than August 15, 2003. She failed to tender the record as ordered.
On August 19, 2003, the Court ordered Mary Belton to appear before it on September 10, 2003, to show cause why she should not be held in contempt and sanctions imposed for her failure to obey the July 25, 2003, order of the Court. On September 8, the Court received a letter from Mary Belton, her first and only communication to this Court. In the letter, she requested a postponement of the show-cause hearing and promised that the record in this cause would be tendered for filing on September 15, 2003. The Court granted the postponement. The record has not been received.
Mary Belton is hereby ordered to appear in person before this Court on the 29th day of October, 2003, 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 she should not be held in contempt and sanctions imposed for her failure to obey the July 25, 2003, order of this Court.
It is ordered October 16, 2003.
Before Chief Justice Law, Justices B. A. Smith and Patterson
Do Not Publish