Opinion
05-21-00326-CR
01-06-2022
NEIL PAUL NOBLE, Appellant v. THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4 Dallas County, Texas Trial Court Cause No. F18-45998-K
ORDER
ROBERT D. BURNS, III CHIEF JUSTICE
Appellant, who chose to represent himself pro se on appeal, filed an eighty-eight page brief on November 15, 2021. In the certificate of compliance, appellant estimated there were "approximately 15, 000 words" in the sections entitled Statement of Facts, Summary of Argument, Argument and Relief Sought/Prayer. See Tex. R. App. P. 9.4(i)(1); 38.1.
On December 13, 2021, appellant filed a motion for leave to file an amended brief, asserting that his amended brief would be "a shorter version" and would contain proper cites to the record. We granted appellant leave to file an amended brief by January 21, 2022, provided it complied with the appropriate rules of appellate procedure, including rule 9.4(i)(1), (2). and rule 38.1. See Tex. R. App. P. 9.4, 38.1; see Wolfe v. State, 509 S.W.3d 325, 343 (Tex. Crim. App. 2017) (discussing appellate briefing requirements).
Before the Court is appellant's December 30, 2021 motion to exceed the brief limit imposed by appellate rule 9.4(i). Attached to the motion is a "draft" of appellant's amended brief. The draft does not comply with rule 38.1. It does not contain an "Identity of Parties," "Index of Authorities," "Statement of the Case," "Statement Regarding Oral Argument," or "Issues Presented." In addition, the draft is 113 pages in length, has "about 26, 500 words," and lacks a certificate of service and a certificate of compliance. Appellant's previous request to file an amended brief was granted provided that appellant filed a brief which complied with the rules and was a "shorter version" of his November 2021 brief. Because the draft attached to his motion does not do so, we DENY appellant's request.
Appellant has until January 21, 2022 to file an amended brief that complies with the rules of appellate procedure. See Tex. R. App. P. 9.4, 38.1. If appellant fails to do so, the appeal will proceed on his November 15, 2021 brief.