Fourth Court of Appeals
San Antonio, Texas
January 5, 2017
No. 04-16-00081-CR
Ricardo MARTINEZ, Jr.,
Appellant
v.
The STATE of Texas,
Appellee
From the 186th Judicial District Court, Bexar County, Texas
Trial Court No. 2013CR6697
Honorable Jefferson Moore, Judge Presiding
SHOW CAUSE ORDER
Sitting: Sandee Bryan Marion, Chief Justice
Karen Angelini, Justice
Irene Rios, Justice
This appeal was filed on February 18, 2016. Appellant’s brief was due on August 26,
2016. Appellant’s attorney, Patrick Montgomery, did not file the brief or a motion for extension
of time. This Court issued a notice of late brief on September 7, 2016, granting an extension to
September 19, 2016. Patrick Montgomery still did not file appellant’s brief. On September 26,
2016, this Court ordered Patrick Montgomery to file appellant’s brief on or before September 30,
2016, and cautioned Mr. Montgomery that if he failed to do so, this Court would abate this
appeal to the trial court for an abandonment hearing and contempt proceedings would also be
initiated against him. See TEX. R. APP. P. 38.8(b)(2),(4). Despite being given extensions, Patrick
Montgomery failed to comply with this Court’s order.
Therefore, pursuant to Texas Rule of Appellate Procedure 38.8(b)(2), on October 11,
2016, this Court abated this appeal and ordered the trial court to hold an abandonment hearing.
On November 8, 2016, this Court received the supplemental clerk’s record reflecting the trial
court’s findings of fact and conclusions of law. The trial court found appellant desires to pursue
this appeal, appellant is indigent, and Mr. Montgomery has not abandoned this appeal.
In its December 2, 2016 order, this Court reinstated this appeal and ordered Patrick
Montgomery to file appellant’s brief on or before December 28, 2016. It also notified Mr.
Montgomery that no further extension would be granted and that if he failed to timely file
appellant’s brief, this Court would order him to personally appear to show cause why he should
not be held in contempt of court for failure to comply with the Court’s order. Mr. Montgomery
failed to comply with this Court’s December 2, 2016 order.
We therefore ORDER Patrick Montgomery to appear in the courtroom at the Fourth
Court of Appeals, 300 Dolorosa, Suite 3200, San Antonio, Texas, on January 25, 2017, at 2:00
p.m., before a panel consisting of Chief Justice Marion, Justice Angelini, and Justice Rios to
show cause why he should not be held in contempt of this court or otherwise be sanctioned for
violating this Court’s orders. Mr. Montgomery is advised that he has a right to be represented by
counsel at the show cause hearing and the proceedings will be recorded by a certified court
reporter.
We further ORDER the Clerk of this Court to effect personal service of this order on
Patrick Montgomery with proof of service. In addition, the Clerk for this Court shall serve Mr.
Montgomery by email and by first class mail, return receipt requested.
This order does not dispense with Mr. Montgomery’s continuing obligation to prepare
and file a brief on appellant’s behalf.
It is so ORDERED on January 5, 2017.
_________________________________
Irene Rios, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said
court on this 5th day of January, 2017.
___________________________________
Keith E. Hottle
Clerk of Court
Ricardo Martinez, Jr. v. State
Combined Opinion