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
On January 11, 2019 Appellant’s request for an extension of time to file his
response to a motion to withdraw and a supporting Anders brief was filed in this appeal.
Appellant had requested 90 additional days because his access to the law library where
he is in prison, and his legal knowledge, is limited. The document was not 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 used Rule 2 to proceed to a timely
disposition of appellant’s request. Id. 2.
In an order issued on January 23, 2019, we noted that 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
would be sufficient if it directed the Court to the issues upon which appellant believed
the trial court erred. Further, we noted that in conducting its review of the entire record
for possible error, the Court would give special attention to the issues to which the Court
was directed by appellant’s response. Thus, if the Court was persuaded that an issue was
not frivolous and might support an argument for error, then the Court would remand the
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 was granted only in part. Appellant’s response was
ordered to be filed within 35 days from the date of the order. That made the due date
February 27, 2019.
Notwithstanding our observations and ruling, on February 21, 2019, appellant
filed another motion, the Second motion, for extension of time. He titled the motion as
the “First” motion for extension of time and ignored the earlier motion and the order,
which granted his first motion in part, other than he recalculated the due date of his
response. In the Second motion, he again requested a 90 day extension. In the Second
motion, he not only asserted that it was the first motion, but he also gave the same reasons
previously stated and did not explain any change in circumstances, progress made or
Thomas v. State Page 2
lack thereof, or provide additional reasons to justify his request for an additional 90 days
to file his response. His Second motion was also not properly served in that he served
the Clerk of this Court rather than the parties to the appeal. See TEX. R. APP. P. 9.5.
On February 26, 2019, appellant’s Second motion was granted. It should not have
been. Appellant’s misrepresentations to the Court, which initially went unnoticed and
were accepted, have not gone undetected. Accordingly, the Court’s February 26, 2019
order is withdrawn. Appellant’s Second motion for extension of time, filed on February
21, 2019, is denied. Appellant’s response to his counsel’s motion to withdraw and Anders
brief in support thereof must be filed on or before 14 days from the date of this Order.
PER CURIAM
Before Chief Justice Gray,
Justice Davis, and
Justice Neill
Letter order withdrawn
Motion denied
Order issued and filed March 13, 2019
Thomas v. State Page 3