Robert Chad Eubank v. the State of Texas ( 2023 )

Order entered January 30, 2023
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-21-01123-CR
ROBERT CHAD EUBANK, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 380th Judicial District Court
Collin County, Texas
Trial Court Cause No. 380-83513-2017
ORDER
Before the Court is appellant’s January 26, 2023 motion for extension of
time to file his response to counsel’s Anders brief and motion to withdraw.
Appellant’s response is due March 6, 2023. In the motion, appellant states he
requires additional time to file his response because he has not received all of the
documents related to his case from his former attorney, Heather Barbieri.
Appellant requests the time for his pro se response to the motion to withdraw and
Anders brief be extended to June 15, 2023. Appellant has not shown how any
documents from his former attorney that are not part of the appellate record may be
considered on appeal. See Leza v. State, 351 S.W.3d 344, 362 n.78 (Tex. Crim.
App. 2011) (appellate court may not consider extra-record materials). This Court
has received certification from appellant’s attorney on appeal, Lara Bracamonte
Davila, that she sent appellant a copy of the clerk’s record and reporter’s record on
November 2, 2022. Accordingly, appellant’s motion for extension of time to file
appellant’s pro se response to counsel’s motion to withdraw and Anders brief is
DENIED. Appellant’s pro se response is due MARCH 6, 2023.
Appellant’s motion also requests that a special master be appointed to
determine whether a photograph of spandex shorts with measuring devices along
the top and left sides of the photograph had been sent to appellant’s former
attorney Kent Star and whether it was backed up to a backup device. We DENY
appellant’s request for a special master. See Leza, 351 S.W.3d at 362 n.78
(appellate court cannot consider extra-record materials).
/s/ DENNISE GARCIA
JUSTICE