PD-1039-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 5/4/2015 3:06:15 PM
May 5, 2015 Accepted 5/5/2015 9:36:41 AM
ABEL ACOSTA
CLERK
NO. PD-1039-14
IN THE COURT OF CRIMINAL APPEALS
OF THE STATE OF TEXAS
JOSE GUADALUPE RODRIGUEZ APPEAL OF CAUSE NO. CR-3485-
ELLIZONDO, 10-I
Appellant
FROM THE 398TH DISTRICT
vs. COURT OF
THE STATE OF TEXAS, HIDALGO COUNTY, TEXAS
Appellee
STATE/APPELLEE’S MOTION FOR LEAVE TO FILE A LATE BRIEF
TO THE HONORABLE JUDGES OF SAID COURT:
NOW COMES the State of Texas, by and through the undersigned
Assistant Criminal District Attorney, and respectfully files this, State’s Motion for
Leave to File a Late Brief, in the above-referenced case, and in support thereof,
would show unto the Court the following:
1. On November 14, 2010, Appellant, Jose Guadalupe Rodriguez Elizondo, was
found guilty of one count of Murder. [CR 014]. On November 14, 2010,
Appellant was sentenced by the jury to a term of 25 years imprisonment. [CR
069].
2. On August 31, 2010, the Court of Appeals for the Thirteenth Judicial District
issued a Memorandum Opinion affirming Appellant’s conviction.
3. On August 5, 2014, Appellant filed his first motion to extent time to file a
petition for discretionary review.
4. On August 21, 2014, Appellant filed his second motion to extent time to file a
petition for discretionary review
5. On October 1, 2014, Appellant filed a petition for discretionary review.
6. On January 28, 2015, this Court granted the petition for discretionary review.
7. On February 6, 2015, Appellant filed his first motion for extention of time to
file his brief.
8. Appellant’s brief was filed on March 16, 2015.
9. On April 15, 2015, the State filed a motion for an extension of time to file
Appellee’s brief1.
10. On November 30, 2012, this Court granted the State’s first motion for
extension of time, granting the State until April 30, 2015..
11. On December 28, 2012, the State filed a second motion for extension of time
requesting an additional 15 days.
12. The undersigned attorney had been working diligently on the State’s brief in
this case, however due to the mistake in the extension request the undersigned
attorney believed he had until May 15, 2015. Due to this error the State’s brief
is now being filed with this Court late.
13. Appellant’s appellate attorney of record, Brandy M. Wingate, is not opposed
to the State’s Motion for Leave to File a Late Brief.
14. The motion is not made for the purpose of delay, but so justice may be done.
WHEREFORE, PREMISES CONSIDERED, the State prays that this
1
The State intended to request 30 days by way of this motion for extension. The date the State’s
brief would have been due under this timeline would have been May 15, 2015. However, due to
a typographical error this Court granted an extension of 15 days.
Honorable Court grant its request for leave to file the Brief for the State in this case
late.
Respectfully submitted,
RICARDO RODRIGUEZ, JR.
CRIMINAL DISTRICT ATTORNEY
HIDALGO COUNTY, TEXAS
/s/ Michael W. Morris
_______________________________
MICHAEL W. MORRIS, ASSISTANT
Criminal District Attorney
Lead Counsel for Appellee
State Bar No. 24076880
Office of the Criminal District Attorney
Hidalgo County Courthouse
100 North Closner
Edinburg, Texas 78539
Telephone: (956) 318-2300 ext. 781
Telefax: (956) 380-0407
ATTORNEYS FOR THE STATE
Michael.Morris@da.co.hidalgo.tx.us
CERTIFICATE OF SERVICE
I, MICHAEL W. MORRIS, do hereby certify that I have mailed a copy of the
foregoing Motion to File a Late Brief to Appellant Jose Guadalupe Rodriguez
Elizondo’s appellate attorney of record, Brandy Wingate Voss, The Smith Law
Group, P.C., through e-service.
Dated this, the 4th day of May, 2015.
/s/ Michael W. Morris
_______________________________
MICHAEL W. MORRIS, ASSISTANT
CRIMINAL DISTRICT ATTORNEY
HIDALGO COUNTY, TEXAS
Elizondo, Jose Guadalupe Rodriguez
Combined Opinion