PD-1376-15
PD-1376-15 COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/22/2015 1:16:10 PM
Accepted 10/22/2015 2:10:11 PM
ABEL ACOSTA
NO. ________ CLERK
In the Court of Criminal Appeals of Texas
Roel Alvarez Lopez,
Appellant
v.
State of Texas,
Appellee
ON PETITION FOR DISCRETIONARY REVIEW
FROM CAUSE NO. 13-13-00307-CR
IN THE THIRTEENTH COURT OF APPEALS,
REVIEWING CAUSE NO. CR-981-12-D
206TH JUDICIAL DISTRICT COURT OF HIDALGO COUNTY, TEXAS
HON. ROSE GUERRA REYNA PRESIDING
FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW
Brandy Wingate Voss
State Bar No. 24037046
SMITH LAW GROUP, P.C.
820 E. Hackberry Ave.
McAllen, Texas 78501
(956) 683-6330
(956) 225-0406 (fax)
brandy@appealsplus.com
October 22, 2015
Counsel for Appellant
IDENTITY OF PARTIES AND COUNSEL
Appellant Counsel for Appellant
Roel Alvarez Lopez Brandy Wingate Voss
Smith Law Group, P.C.
820 E. Hackberry Ave.
McAllen, Texas 78501
Trial Counsel
Hon. Manuel Luis Singleterry, now
Judge of the 93rd District Court of
Hidalgo County, Texas
Appellee Counsel for Appellee
State of Texas Glen Devino
Hidalgo County Criminal District
Attorney’s Office
Appeals Section
100 N. Closner, 3rd Floor
Edinburg, Texas 78539
glenn.devino@da.co.hidalgo.tx.us
Trial Counsel
Joaquin Zamora
State Bar No. 24003229
Victoria Muniz
State Bar No. 24074772
100 N. Closner, 3d Floor
Edinburg, Texas 78539
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Appellant, Roel Alvarez Lopez, respectfully requests a thirty-day
extension of time to file his petition for discretionary review. See TEX. R.
APP. P. 68.2(c).
The Thirteenth Court of Appeals rendered its opinion and judgment in
Roel Alvarez Lopez v. The State of Texas, No. 13-13-00307-CR on June 25,
2015. A motion for rehearing was timely filed and was overruled by the
Court of Appeals on September 24, 2015. Appellant’s petition for
discretionary review is due on October 26, 2015 (the thirtieth day falls on a
Saturday). TEX. R. APP. P. 68.2(a).
Appellant requests thirty additional days to file his petition for
discretionary review, making the petition due on November 25, 2015. This
is Appellant’s first request for an extension of time. The undersigned
counsel has conferred with counsel for the Appellee, Glen Devino, who does
not oppose the relief requested in this motion.
The undersigned counsel is lead counsel for Appellant and solely
responsible for drafting the petition for discretionary review. The demands
of other cases have made this request necessary, and good cause exists for
the extension. Specifically, the undersigned counsel has been occupied with
the following:
• Preparing for and presenting oral argument in the Thirteenth
Court of Appeals on October 15, 2015, in Cause No. 13-14-
00456-CV, Bos v. Smith et. al.;
• Preparing for and presenting oral argument in the Thirteenth
Court of Appeals on October 21, 2015, in Cause No. 13-14-
00324-CV, Double Diamond, Inc. et al. v. Alfonso et al.;
• Drafting and filing a motion for new trial, filed on October 9,
2015, in Cause No. C-617-11-G, Dale & Klein v. Said et. al., in
the 370th District Court of Hidalgo County, Texas;
• Preparing for and attending a hearing on post-judgment
enforcement on October 8, 2015, in Cause No. 09-6360-D,
Smith et. al. v. Bos et. al., in the 105th District Court of Nueces
County, Texas;
• Preparing a motion for judgment notwithstanding the verdict
for filing on October 8, 2015 in Cause No. 2010-CI-19384,
Doolittle v. Doolittle, in the 224th District Court of Bexar
County, Texas;
• Preparing for and attending a pretrial discovery hearing on
October 1, 2015 in MDL Cause No. 15-0360, In re Fraudulent
Hospital Lien Litigation, in the 430th District Court of Hidalgo
County, Texas;
• Preparing motions for summary judgment due on October 12,
2015 by court order in MDL Cause No. 15-0360, In re
Fraudulent Hospital Lien Litigation, in the 430th District Court
of Hidalgo County, Texas.
The foregoing substantial deadlines and obligations, nearly all of
which could not have been extended, have prevented the undersigned
counsel from preparing Appellant’s petition for discretionary review before
the deadline. This motion for extension of time is not sought for purposes of
delay, but so that justice may be served.
For all the foregoing reasons, Appellant respectfully requests that the
Court grant this unopposed request for a thirty-day extension, making his
petition for discretionary review due November 25, 2015, and any further
relief to which he 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 October 22, 2015, I conferred with Glen Devino,
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
CERTIFICATE OF SERVICE
I certify that on October 22, 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:
Glen Devino
Hidalgo County Criminal District Attorney’s Office
Appeals Section
100 N. Closner, 3rd Floor
Edinburg, Texas 78539
glenn.devino@da.co.hidalgo.tx.us
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
/s/ Brandy Wingate Voss
Brandy Wingate Voss