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