IN THE
TENTH COURT OF APPEALS
No. 10-18-00175-CR
REGINALD KEITH THOMAS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
From the 19th District Court
McLennan County, Texas
Trial Court No. 2014-290-C1
ORDER
Appellant requests an extension of time to file his response to a motion to
withdraw and a supporting Anders brief in this appeal. Appellant has requested 90
additional days because his access to the law library where he is in prison, and his legal
knowledge, is limited. In a separate document, appellant also requests the appointment
of new counsel. Neither of these documents are properly served. See TEX. R. APP. P. 9.5.
The Clerk of this Court does not accept service for the McLennan County District
Attorney. Nevertheless, we use Rule 2 to proceed to a timely disposition of appellant’s
requests. Id. 2.
Because appellant need not file a formal brief which contains specific references to
the record or case authorities but only a response to counsel’s motion to withdraw and
Anders brief, appellant’s response is sufficient if it directs the Court to the issues upon
which appellant believes the trial court erred. In conducting its review of the entire
record for possible error, the Court will give special attention to the issues to which the
Court is directed by appellant’s response. If the Court is persuaded that an issue is not
frivolous and might support an argument for error, then the Court will remand this
appeal to the trial court for the appointment of new counsel to fully brief the issue. See
In re Schulman, 252 S.W.3d 403, 409 (Tex. Crim. App. 2008).
Accordingly, because the form of a response to an Anders brief is relatively less
restrictive in nature than that which is necessary for a formal brief, appellant’s motion for
extension of time to file his response is granted in part. Appellant’s response is due 35
days from the date of this order. Further, because new counsel is not appointed unless
this Court decides an issue is not frivolous and might support an argument for error,
appellant’s motion for the appointment of counsel is denied. Id.
PER CURIAM
Before Chief Justice Gray, and
Justice Davis
Motion for extension granted in part
Motion for appointment of counsel denied
Order issued and filed January 23, 2019
Thomas v. State Page 2