Court of Civil Appeals of Texas, 2013

Joshua Booker-Lomax v. State

Joshua Booker-Lomax v. State
Court of Civil Appeals of Texas · Decided November 21, 2013

Joshua Booker-Lomax v. State

Opinion

COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION Cause number: 01-13-00915-CR Style: Joshua Booker-Lomax v The State of Texas Date motion filed*: November 13, 2013 Type of motion: Motion for extension to file Anders response Party filing motion: Appellant’s counsel Document to be filed: Appellant’s Anders response If motion to extend time: Original due date: December 13, 2013 Number of extensions granted: 0 Current Due date: December 13, 2013 Date Requested: 120 days or March 4, 2014 Ordered that motion is:  Granted  Denied  Other: _____________________________________ Appellant’s response to counsel’s Anders brief is due 30 days from the date the Anders brief was filed, or on December 13, 2013. The motion filed by counsel is therefore premature, and appellant may file a pro se motion for extension of time if such a motion is necessary. Further, granting the motion for the reasons provided—appellant is “unlettered in the law” and is incarcerated—would effectively negate the original filing deadline for an Anders response for all incarcerated appellants, as they apply equally to every incarcerated appellant.

Accordingly, the motion is denied.

Judge's signature:/s/Chief Justice Sherry Radack  Panel consists of ____________________________________________ Date: November 21, 2013 November 7, 2008 Revision

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