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Lewis v. State

Court of Appeals of Texas, Tenth District

December 19, 2013

BENJAMIN CRAIG LEWIS, Appellant
v.
THE STATE OF TEXAS, Appellee

From the 272nd District Court Brazos County, Texas Trial Court No. 11-03276-CRF-272

Before Chief Justice Gray, Justice Davis, and Justice Scoggins

ORDER

PER CURIAM

By Order dated September 19, 2013, we granted Lewis's pro se request for an extension of time to file his response to his counsel's Anders brief. His response was due November 18, 2013. In the meantime, Lewis filed two more requests for extensions of time which were stricken. Lewis has now filed another motion for extension of time to file his response, requesting another 60 days.

Lewis's "Fourth Motion for Extension of Time to File a Response to the Anders Brief (60 Days)" is granted.

No further extensions, however, will be granted for the following reasons.

1. Lewis's motion evidences Lewis's ability to direct our attention to specific issues we should pay particular attention to in conducting our review of the record for possible error which is the primary purpose of an appellant's pro se response to counsel's motion to withdraw and brief in support when an Ander's motion is filed;
2. Lewis's pattern of conduct suggests unnecessary delay or lack of diligence because he waited until November 27, 2013 to explain to counsel that the paperwork sent to Lewis was for another case; and
3. Based on our review of the appeal, further delay is unwarranted; and Lewis's tactics, such as asking counsel for the record when we expressly told Lewis he was to request it from the trial court clerk, appear calculated to cause further delay rather than to advance our review and disposition of his appeal.

Lewis's response is due 60 days from the date of this order after which time, the Court will proceed with a review and disposition of the appeal whether or not Lewis has filed a response. We will, however, pay particular attention to those potential issues identified by Lewis in his "Fourth Motion ...


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