Opinion
No. 04-14-00261-CR
12-10-2014
Darrick Davon OLIVER, Appellant v. The STATE of Texas, Appellee
From the 399th Judicial District Court, Bexar County, Texas
Trial Court No. 2012CR1844
Honorable Ray Olivarri, Judge Presiding
ORDER
On December 8, 2014, appellant, Darrick Oliver, filed a pro se motion to strike the brief filed by his appointed attorney, dismiss his appointed attorney, and for permission to represent himself on appeal. Counsel's appellate brief on behalf of Oliver was filed August 19, 2014. The State's brief was October 2, 2014. This case is currently set for submission on the briefs on December 9, 2014.
Counsel's brief was filed almost four months ago, yet appellant has waited until the day before submission to file his motion. Given the last minute filing of the pro se motion, the record suggests appellant is "acting out of a desire to manipulate the orderly procedures of the appellate system or to interfere with the fair administration of justice," and we hold his request is untimely. See Hubbard v. State, 739 S.W.2d 341, 344 (Tex. Crim. App. 1987). We therefore DENY appellant's pro se motion.
We order the clerk of this court to serve a copy of this order on the pro se and all counsel.
/s/_________
Marialyn Barnard, Justice
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this 10th day of December, 2014.
/s/_________
Keith E. Hottle
Clerk of Court