Ex Parte Christine Curry v. the State of Texas

• Court: Court of Appeals of Texas
• Decided: January 31, 2024
• Docket: 07-24-00040-CR
• Status: Published

Opinion

In The Court of Appeals Seventh District of Texas at Amarillo

No. 07-24-00040-CR

EX PARTE CHRISTINE CURRY

On Appeal from the County Court Deaf Smith County, Texas Trial Court No. 19-0441, Honorable D.J. Wagner, Presiding

January 31, 2024 MEMORANDUM OPINION Before PARKER and DOSS and YARBROUGH, JJ.

Appellant, Christine Curry, filed a notice of appeal from a Judgment of Contempt,

wherein the trial court fined her one hundred dollars after she failed to appear as a witness

for the State on October 30, 2023. Contempt orders, however, are not reviewable by

direct appeal, regardless of whether the contempt finding is made in a separate judgment

or included with other matters in a final judgment subject to appeal. See Musgrove v.

State, 156 Tex. Crim. 606, 606–07 (1952); Johnson v. Clark, Nos. 07-11-00122-CV, 07-

11-00334-CV, 2011 Tex. App. LEXIS 8593, at *3–4 (Tex. App.—Amarillo Oct. 28, 2011,

no pet.) (mem. op.). Instead, a contempt order is reviewable only by a petition for writ of

habeas corpus if the contemnor is confined or a petition for writ of mandamus if no confinement is involved. See Johnson, 2011 Tex. App. LEXIS 8593, at *3–4; Collins v.

Kegans, 802 S.W.2d 702, 705 (Tex. Crim. App. 1991) (orig. proceeding).

Because we are without jurisdiction to review the Judgment of Contempt, we

dismiss the appeal for want of jurisdiction.1

Per Curiam

Do not publish.

1 By letter of January 12, 2024, we directed Appellant to show how we have jurisdiction over this

appeal. However, Appellant has failed to file a response showing grounds for continuing the appeal. 2