Darrick Davon Oliver v. State ( 2014 )

The State of
Fourth Court of Appeals
San Antonio, Texas
December 10, 2014
No. 04-14-00261-CR
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.
_________________________________
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.
___________________________________
Keith E. Hottle
Clerk of Court