Ian Evans v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00657-CR

NO. 03-02-00705-CR

In re Ariel Payan

Ian Evans, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF TRAVIS COUNTY, 147TH JUDICIAL DISTRICT

NOS. 910774 & 910775, HONORABLE WILFORD FLOWERS, JUDGE PRESIDING

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 Ian Evans's appeal from judgments of conviction for failing to remit diesel fuel taxes and filing a false fuels report. The subject of this proceeding is Mr. Ariel Payan, appellant's counsel.

The time for filing appellant's brief in these causes was extended two times on counsel's motion. On May 5, 2003, in granting the second motion, this Court ordered counsel to tender a brief on appellant's behalf no later than June 16, 2003. Counsel failed to file a brief as ordered.

Therefore, the said Ariel Payan is ordered to appear in person before this Court on the 10th day of September 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 he should not be held in contempt and sanctions imposed for his failure to obey the May 5, 2003, order of this Court. This order to show cause will be withdrawn and the said Ariel Payan will be relieved of his obligation to appear before this Court as above ordered if the Clerk of this Court receives appellant's brief by September 5, 2003.

It is ordered July 25, 2003.

Before Chief Justice Law, Justices B. A. Smith and Patterson

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