In re Jacobo Obed Ortiz--Appeal from 45th Judicial District Court of Bexar County

Opinion by: Karen Angelini, Justice

Sitting: Alma L. L pez, Chief Justice

Karen Angelini, Justice

Sandee Bryan Marion, Justice

Delivered and Filed: July 2, 2003

PETITION FOR WRIT OF HABEAS CORPUS GRANTED

On April 2, 2003, Jacobo Obed Ortiz filed a petition for writ of habeas corpus, complaining that on March 7, 2003, after a contempt hearing for failure to pay child support before Master Juan Chavira, Ortiz was remanded to the custody of Sheriff Ralph Lopez for a period of 180 days. Because Ortiz was remanded to custody without an order, we grant Ortiz's petition.

On October 4, 2002, the trial court held Ortiz in criminal contempt for failure to pay child support and signed an order committing him to the county jail for 180 days. On December 24, 2002, the trial court signed a "Child Support Conditional Release Order," releasing Ortiz from jail, ordering him to pay current child support as it came due, and ordering him to appear before the court on February 7, 2003. The February 7th hearing was reset for March 7, 2003. On March 7th, the trial court held a hearing, but no record of the hearing was made and the court signed no order memorializing the outcome of the hearing. After the hearing, Ortiz was again confined in jail.

Because there is no order in the record holding Ortiz in contempt and remanding him to the sheriff's custody, we ordered a response be filed. See Tex. R. App. P. 52.4. In its response, the Attorney General agrees that because there is no written order revoking Ortiz's conditional release and re-committing him to jail, Ortiz's petition should be granted.

We, therefore, grant Ortiz's petition for writ of habeas corpus and order him released from custody.

Karen Angelini, Justice

1. This proceeding arises out of Cause No. 1990-EM5-00287, styled In the Interest of Jacobo Obed Ortiz II, pending in the 45th Judicial District Court, Bexar County, Texas, Master Juan Chavira presiding.