TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

NO. 03-09-00487-CR

In re Lou Ann Berry

William Berry Pierce, Appellant

v.

The State of Texas, Appellee

FROM THE DISTRICT COURT OF SAN SABA COUNTY, 33RD JUDICIAL DISTRICT

NO. 5581, HONORABLE JAMES F. CLAWSON JR., JUDGE PRESIDING

PER CURIAM

On April 16, 2010, this Court ordered Lou Ann Lindeman Berry, court reporter for the 33rd District Court, San Saba County, to appear on May 26, 2010, to show cause why she should not be held in contempt for her failure to file the reporter's record in this cause as ordered. In response to the Court Clerk's inquiry, Berry has advised this Court that the record has been destroyed. Berry's show cause hearing is hereby continued, and she is now ordered to appear in person before this Court on the 23rd day of June, 2010, at 1:30 p.m., in the courtroom of this Court, located in the Price Daniel, Sr. Building, 209 West 14th Street, City of Austin, Travis County, Texas.

This order to show cause will be withdrawn and Berry will be relieved of her obligation to appear before this Court as above ordered if, by June 3, 2010, the Clerk of this Court receives an affidavit describing in detail the status of the record, the circumstances surrounding its loss, and any efforts made to recover the record.

It is ordered May 25, 2010.

Before Justices Patterson, Puryear and Henson