FILED IN
1ST COURT OF APPEALS
HOUSTON, TEXAS
NOV 1 0 2015
Case Number OPHERyA. PR
CHRISTOP4EF\A. PRINE
01-14-01019-CR CLERK. Ml
Hung Le, Appellant COURT OF APPEALS
Ist DISTRICT
State of Texas, Appellee HOUSTON, TEXAS
Pro se Motion for Extension of Time to File Response to Anders Brief
To the Honorable Justices of said Court:
Appellant's appointed counsel file a brief in the above styled and numbered
cause pursuant to Anders v. California, 386 U.S. 738 (1967).
Appellant filed a pro se request for access to the clerk's record and reporter's
record in preparation for use in preparing his pro se response to counsel's brief and
included a motion for extension of time to respond to counsel's Anders brief.
This Honorable Court granted said extension which is set to expire on
November 2,2015.
Appellant is in the transit to another Unit in safekeeping area and currently
confined in the Life Division of the Texas Department of Justice Center in
Huntsville Unit, and has suffered yet another epileptic seizure, caused scalp
laceration and became hospitalized at Huntsville Memorial Hospital on 9/29/2015
and was ordered by Doctor Windham to remove staples within 7 days (please see
attached hospital's report) during his period of extension and appeal response
filing. As a result, Appellant has become confused, disoriented, and has shown
loss memory of past and recent events and needs additional time to be fully
recovered mentally and physically and comprehend his legal processes.
Presently, Appellant lacks the capacity to understand, identify and analyze
the relevant issues that are ripe for appeal, formulate a good faith argument, and
simultaneously draft and file a clear and concise response to counsel's Anders brief
within the time remaining on the last extension to November 2nd, 2015.
Appellant's Public Defender counsel refused to provide any legal assistance
whatsoever during this process. Moreover, Appellant was located to solitary
confinement for his safety for the past 50 days where he has forfeited access to
persons in general population who were prepared to assist Appellant with the
preparation of his response. .Appellant needs to be settled in a new unit where he
will be permitted to contact family member, to access to any authorities, chaplains,
any persons in general population who is willing to assist Appellant with the
preparation of his response brief. Appellant has a language barrier and always
requires assistance from an interpreter with detailed explanation, guidance and
understanding all matters.
Appellant is currently relying on a family member to monitor his mental
condition and communicate with authorities and medical staff, case progress and
retain a private counsel or other professional help but needs additional time to
procure said assistance because family members live outside of the State of Texas.
Due to Appellant's financial hardship to hire a private counsel, non-
accessible permission for any assistance due to past 50 day safety confinement,
now in transit to a new unit, recurring seizures, and incompetency mental
condition, Appellant now respectfully requests the Court grant him another
Appellate Public Defender Bob Wicoff to substitute Public Defendant Crowley's
withdrawal and additional sixty (60) days from the granting of the motion to retain
another Appellate Public Defender or find an outside assistance and allow time for
that professional to help Appellant prepare and file a timely pro se response to
counsel's brief and a writ of Habeas Corpus as advised by Appellate Public
Defender Crowley.
Respectfully submitted,
Hung Le, Pro se Appellant
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p&/mnMl~, Texas 7 77pr
CERTIFICATE OF SERVICE
The undersigned hereby certifies that on this the (& day of ]\/o \/&}4ftfzR
2015, a true and correct copy of the foregoing Motion for Extension of Time to
File Response to Counsel's Anders Brief was served by U.S. mail on the :
Harris County District Attorney's Office
1200 Franklin, Suite 600
Houston, Texas 77002 .
Pro se Appellant
rdyc -»• w •
Date: 09/29/15
Account No: H00001033625
Huntsville Unit No: M000202557
Patient: LE,HUNG 1966229
MEMORIAL HOSPITAL Location: ER
Physician: WINDHAM,WILLIAM A
Patient Visit* information
You were seen today for:
Seizure
Scalp laceration
Phenytoin overdose
Staff
Your caregivers today were:
Physician: WINDHAM,WILLIAM A
Nurse: TOG
Activity Restrictions or Additional Instructions
STAPLES; OaJTII'fT'WsYS: THE PATTE^T'S PHENYTOIN SMOULD BETAKEN OUT OFTHECELL
AND DISPENSED TO HIM AT DOSING TIMES. HE SHOULD BE OBSERVED TAKLN3 THE
PHENYTOIN
TO MAKE SURE HE HAS TAKEN IT.
Follow-up
Please contact the following to make an appointment for follow-up care:
TDGJ,PRIMARY CARE DOC .
Note: Your heaftn' care plan may require a referral from your primary care provider prior
to making an appointment.
Discharge Form
The exam and treatment which you have received has been on an EMERGENCY BASIS
ONLY- It is not ihMweded to substitute or replace complete medical care.
It is advised that you follow the recommendations below;
1. If complications arise, call your doctor immediately. If the doctor
cannot be reached return to the Emergency Department at oh(^;i
2. Have your prescriptions filled and follow the directions on the label.
3,, The x-ray report by the Emergency Physician is NOT a final report. A
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