IN THE
TENTH COURT OF APPEALS
No. 10-13-00144-CR
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
ORDER
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 for Extension of Time to File a
Response to the Anders Brief (60 Days)”
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion granted
Order issued and filed December 19, 2013
Lewis v. State Page 2