IN THE
TENTH COURT OF APPEALS
No. 10-15-00409-CR
JOSHUA MARQUES WILLIS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 19th District Court
McLennan County, Texas
Trial Court No. 2012-1058-C1
ORDER
Joshua M. Willis’s “Appellant’s Motion for Court’s Extension of Time for the Filing
of a Pro-Se Appeal Brief” and “Appellant’s Objection to Attorney’s Ander’s Brief and
Motion to Withdraw: Under TRAP Rule 38,” each filed on May 16, 2016, do not contain
a proper proof of service as required by the Texas Rules of Appellate Procedure. A copy
of all documents presented to the Court must be served on all parties to the proceeding
and must contain proper proof of service. TEX. R. APP. P. 9.5. Proof of service may be in
the form of a certificate of service. TEX. R. APP. P. 9.5(d). A certificate of service must
state the name and address of each person served. Id. (e)(2). This Court is not a party to
this proceeding.
To expedite a disposition in this proceeding, we use Rule 2 to address Willis’s
motions, but Willis’s pro-se response, when filed, must be properly served. See TEX. R.
APP. P. 2; 9.5. Willis’s motion for 60 days to file a pro-se response is granted. The response
is due July 25, 2016.
Further, the response is not a brief but is intended only to give Willis the
opportunity to direct the Court’s attention to the events and issues that Willis thinks may
constitute meritorious issues on appeal. See Wilson v. State, 955 S.W.2d 693, 697 (Tex.
App.—Waco 1997, order). After the response is filed, the State will have the opportunity
to file a reply. Id. If the Court determines any of the issues are arguably meritorious, the
appeal will be abated for the appointment of new counsel, but not otherwise. See id. at
698. Accordingly, Willis’s “Appellant’s Objection to Attorney’s Ander’s Brief and Motion
to Withdraw: Under TRAP Rule 38,”will not be addressed, as such, in the context of this
appeal and is therefore, overruled.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Scoggins
Motion for extension of time granted; objection overruled
Order issued and filed May 26, 2016
Willis v. State Page 2