Martin Aleman v. State

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-02-00651-CR In re Deborah Stanton Burke

Martin Aleman, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF COMAL COUNTY, 22ND JUDICIAL DISTRICT

NO. CR2002-246, HONORABLE FRED R. CLARK, 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 Martin Aleman's appeal from a judgment of conviction for aggravated robbery. The subject of this proceeding is Deborah Stanton Burke, appellant's counsel.

Appellant's brief was originally due February 5, 2003. The time for filing was extended three times on counsel's motion. On April 11, 2003, in granting the second motion, this Court ordered counsel to tender a brief on appellant's behalf no later than June 6, 2003. Counsel did not comply with this order and filed her third motion for extension. On June 17, 2003, the Court granted the third motion and ordered counsel to file her brief no later than July 18, 2003, warning her that she would be ordered to show cause if she did not comply. Once again, counsel failed to file a brief as ordered, and she has now filed a fourth motion for extension of time. The fourth motion for extension of time to file brief is denied.

Deborah Stanton Burke is hereby 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 she should not be held in contempt and sanctions imposed for her failure to obey the June 17, 2003, order of this Court. This order to show cause will be withdrawn and the said Deborah Stanton Burke will be relieved of his obligation to appear before this Court as above ordered if the Clerk of this Court receives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 August 14, 2003.

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

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