TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-17-00082-CR

In re Joseph E. Garcia, III

Dylan Scott Garrett, Appellant

v.

The State of Texas, Appellee

FROM THE 207TH DISTRICT COURT OF COMAL COUNTY 

NO. CR2016-500, THE HONORABLE R. BRUCE BOYER, JUDGE PRESIDING

O R D E R

PER CURIAM

This is a contempt proceeding ancillary to the appeal of Dylan Scott Garrett. The 

subject of this proceeding is Joseph E. Garcia, III, appellant’s attorney.

Appellant filed his notice of appeal on January 27, 2017, and his brief was due 

May 10, 2017—12 months ago. After two abatements to the trial court for hearings pursuant to 

Texas Rule of Appellate Procedure 38.8, on March 30, 2018, we ordered counsel to file 

appellant’s brief no later than April 20, 2018. After Garcia failed to file the brief by April 20, we 

ordered him to appear in person to show cause why he should not be held in contempt and have 

sanctions imposed for his failure to obey our March 30, 2018 order, although we would have 

withdrawn the show-cause order if Garcia filed the brief on or before May 7.
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The show-cause hearing was held in the court on May 9, 2018, and Garcia 

appeared as ordered. After consideration of the record and Garcia’s explanation for failing to 

comply with our previous order, on May 11, 2018, we again ordered Garcia to appear in person 

before this Court on Wednesday, May 23, 2018, at 1:30 p.m., in the Third Court of Appeals 

courtroom, to show cause why he should not be held in contempt and have sanctions imposed for 

his failure to obey our March 30, 2018 order. This second show-cause order provided that 

Garcia would be relieved of his obligation to appear before this Court as ordered above if the 

Clerk of this Court received either a motion to dismiss that is compliant with Texas Rule of 

Appellate Procedure 42.2 or an appellant’s brief that is compliant with Texas Rule of Appellate 

Procedure 38.1 no later than 8:00 a.m. on May 23, 2018.

The show-cause hearing was held in this Court on May 23, 2018. Garcia failed to 

appear as ordered. At the time of the hearing, neither a rules-compliant motion to dismiss nor a 

rules-compliant appellant’s brief had been filed. On May 24, 2018, Garcia filed a motion to 

dismiss signed by appellant and Garcia. See Tex. R. App. P. 42.2(a).

After consideration of the record and Garcia’s explanation at the first show-cause 

hearing for his failure to comply with our previous orders, we specifically find that 

Joseph E. Garcia, III, is in contempt for violating this Court’s order of March 30, 2018, which 

was sufficiently clear and specific in its requirement that appellant’s brief was to be filed by 

April 20, 2018. See Tex. Gov’t Code § 21.002.

Joseph E. Garcia, III, is hereby fined $500, payable to the Clerk of the Court of 

Appeals, Third District of Texas, on or before June 25, 2018, by 5:00 p.m. See id. § 21.002(b). 

If Garcia fails to pay the $500 fine by June 25, 2018, he shall be confined in a county jail for a 

sufficient time to discharge the full amount of the fine at the daily rate allowed for prisoners 
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serving misdemeanor sentences. See In re Miles, 55 S.W.3d 203, 204 (Tex. App.—Houston [1st 

Dist.] 2001, order) (per curiam); see also Tex. Gov’t Code § 21.002(b). It is ordered that all 

writs and other process necessary for the enforcement of this judgment be issued.

We note that this is not the first time that this Court has held Garcia in 

contempt. See In re Garcia, No. 03-12-00320-CR, 2013 WL 865106, at *1 (Tex. App.—Austin 

Feb. 28, 2013, order) (per curiam). We advise the trial court to take these two contempt orders 

into consideration before appointing Garcia as counsel in any future appeals.

It is ordered on May 24, 2018.

Before Justices Puryear, Pemberton, and Bourland

Do Not Publish