Opinions, May 12, 2015

On May 12, 2015, the Fourteenth Court of Appeals issued its memorandum opinion in Ex parte Baker, No. 14-15-00421-CV (Tex.App.–Houston [14th Dist.] May 12, 2015). The recitation of the facts is about as long as the holding. Relator was found in contempt in October 2014 for failure to pay child support. In February 2015, relator’s sentence was suspended for sixty months conditioned on relator’s paying $1,000.00 for coercive contempt. The OAG requested the trial court rescind the commitment date and set probation. On April 17, 2015, the trial court signed an order rescinding relator’s commitment date and setting probation and ordered relator to appear for a compliance hearing on April 27, 2015. The trial court found relator was not in compliance with its previous orders and relator was taken into custody. A written commitment order was issued on May 1, 2015. Relator filed a petition for writ of habeas corpus.

Relying on the similar case In re Zandi, 270 S.W.3d 76, 78 (Tex. 2008)(orig. proceeding), the Court of Appeals ordered relator discharged because relator did not have notice that his suspension of sentence would possibly be revoked as no one filed a motion to revoke and the trial court did not issue a show cause order.

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