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
An Anders brief was filed by appointed counsel for Benjamin Craig Lewis. See
Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967). Lewis has now
filed a motion for extension of time, requesting a 60 day extension, to respond to his
counsel’s brief. The motion is granted. Lewis’s brief or other response is due 60 days
from the date of this order.
We note that Lewis’s motion was not properly served. A copy of all documents
presented to the Court must be served on all parties to the appeal and must contain
proper proof of service. TEX. R. APP. P. 9.5. Although not expressly required in the
rules, Lewis should also provide copies of all documents he presents to the Court to his
court appointed counsel.
We use Rule 2 to dispense with the service requirement for this document only
and provide a copy to the State and to Lewis’s court appointed attorney. See TEX. R.
APP. P. 2. Future documents presented to the Court must be properly served or the
documents will be stricken.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion granted
Order issued and filed September 19, 2013
Lewis v. State Page 2