PD-1039-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 2/5/2015 5:05:22 PM
February 6, 2015 Accepted 2/6/2015 8:46:13 AM
ABEL ACOSTA
NO. PD-1039-14 CLERK
In the Court of Criminal Appeals of Texas
JOSE GUADALUPE RODRIGUEZ ELIZONDO,
APPELLANT
V.
STATE OF TEXAS,
APPELLEE
ON PETITION FOR DISCRETIONARY REVIEW
FROM CAUSE NO. 13-12-00028-CR
IN THE THIRTEENTH COURT OF APPEALS,
REVIEWING CAUSE NO. CR-3485-10-I
TH
398 JUDICIAL DISTRICT COURT OF HIDALGO COUNTY, TEXAS
HON. LINDA R. YAÑEZ PRESIDING BY ASSIGNMENT
APPELLANT’S FIRST UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE BRIEF ON THE MERITS
TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:
Appellant, Jose Guadalupe Rodriguez Elizondo, respectfully requests
a fourteen-day extension of time to file his brief on the merits and
respectfully shows:
On January 28, 2015, the Court granted Appellant’s petition for
discretionary review and requested briefing on the merits, making
Appellant’s brief due on February 27, 2015. This is Appellant’s first
extension of time to file his brief on the merits. Appellant requests that the
Court grant fourteen additional days to file his brief, making the brief due on
March 13, 2015.
The undersigned counsel is lead counsel for Appellant and has the
sole responsibility for filing the brief on the merits in this case. On January
26, 2015, the undersigned counsel became ill with the flu. Thereafter, on
February 2, 2015, the undersigned counsel was diagnosed with pneumonia
and ordered by her doctor to stay in bed, or else risk hospitalization.
Accordingly, the undersigned counsel has missed almost two weeks of work
already for illness and is still recovering. In order to provide effective
representation on appeal, Appellant requests an additional two weeks to file
his brief to allow his counsel sufficient time to recover from her illness and
to prepare the brief.
The undersigned counsel has conferred with counsel for the State of
Texas, Lisa McMinn, who advised on that the State does not oppose the
relief requested in this motion.
For all the foregoing reasons, Appellant respectfully requests that the
Court grant this unopposed request for a fourteen-day extension, making his
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brief on the merits due March 13, 2015, and any further relief to which
Appellant may be justly entitled.
Respectfully submitted,
/s/ Brandy Wingate Voss
Brandy Wingate Voss
State Bar No. 24037046
SMITH LAW GROUP, P.C.
820 E. Hackberry Ave.
McAllen, TX 78501
(956) 683-6330
(956) 225-0406 (fax)
brandy@appealsplus.com
Counsel for Appellant
CERTIFICATE OF CONFERENCE
I certify that on February 5, 2015, I conferred with Lisa McMinn,
counsel for Appellee, who informed me that the Appellee does not oppose
the relief requested in this motion.
/s/ Brandy Wingate Voss
Brandy Wingate Voss
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CERTIFICATE OF SERVICE
I certify that on February 5, 2015, in compliance with Texas Rule of
Appellate Procedure 9.5, I served this document on the following counsel of
record by electronic mail and/or by facsimile:
Lisa C. McMinn
State Prosecuting Attorney
Office of State Prosecuting Attorney of Texas
P. O. Box 13046
Austin, Texas 78711-3046
Fax: (512) 463-5724
Ted Hake
Michael Morris
Assistant District Attorney
Appeals Section
Office of Criminal District Attorney
Hidalgo County, Texas
100 N. Closner, Rm 303
Edinburg, Texas 78539
Fax: (956) 380-0407
ted.hake@da.co.hidalgo.tx.us
michael.morris@da.co.hidalgo.tx.us
/s/ Brandy Wingate Voss
Brandy Wingate Voss
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Elizondo, Jose Guadalupe Rodriguez
Combined Opinion