PD-1357-15 PD-1357-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/19/2015 10:44:23 AM
Accepted 10/19/2015 4:00:44 PM
ABEL ACOSTA
NO. ________ CLERK
In the Court of Criminal Appeals of Texas
DANIEL LYNE,
APPELLANT
V.
STATE OF TEXAS,
APPELLEE
ON PETITION FOR DISCRETIONARY REVIEW
FROM CAUSE NO. 13-13-00313-CR
IN THE THIRTEENTH COURT OF APPEALS,
REVIEWING CAUSE NO. 2012-DCR-1456-I
TH
445 JUDICIAL DISTRICT COURT OF CAMERON COUNTY, TEXAS
HON. ROLANDO OLVERA
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 19, 2015
Counsel for Appellant
IDENTITY OF PARTIES AND COUNSEL
Appellant Counsel for Appellant
Daniel Lyne Brandy Wingate Voss
Smith Law Group, P.C.
820 E. Hackberry Ave.
McAllen, Texas 78501
Trial Counsel
Hon. Noe Garza
Law Offices Of Noe Garza
854 E. Van Buren Street
Brownsville, Texas 78520
Appellee Counsel for Appellee
State of Texas Honorable Rene B. Gonzalez
CAMERON DISTRICT ATTORNEY’S
OFFICE
rgonzalez1@co.cameron.tx.us
964 E. Harrison Street
Brownsville, Texas 78520
Trial Counsel
Hon. Korinna Barraza
Hon. Edna Herrera Dinsdale
CAMERON COUNTY DISTRICT
ATTORNEY’S OFFICE
964 E. Harrison
Brownsville, Texas 78520
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Appellant, Daniel Lyne, 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
Daniel Lyne v. The State of Texas, No. 13-13-00313-CR on September 17,
2015. The petition for discretionary review is due on October 19, 2015 (the
thirtieth day fell 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 18, 2015. This is Appellant’s first request for an
extension of time. The undersigned counsel has conferred with counsel for
the Appellee, Rene Gonzalez, who does not oppose the relief requested in
this motion.
The undersigned counsel was lead counsel for Appellant in the
Thirteenth Court of Appeals. Immediately upon receiving the lower court’s
opinion, the undersigned counsel forwarded the opinion and judgment to Mr.
Lyne. The undersigned counsel advised Mr. Lyne of his option to retain the
undersigned counsel or file a pro se petition for discretionary review. The
undersigned counsel advised Mr. Lyne that she would assist with drafting a
motion for extension of time if necessary.
Mr. Lyne was recently moved to a different facility within the TDCJ.
The undersigned counsel has not yet received correspondence from Mr.
Lyne and is concerned that the delay may be due to his recent transfer. Out
of an abundance of caution, the undersigned counsel hereby requests a 30-
day extension of time to allow sufficient time to correspond with Mr. Lyne
to determine his intent. The undersigned counsel will attempt
correspondence with Mr. Lyne again, determine his intent, and if necessary
dismiss this proceeding if he chooses not to proceed.
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 18, 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 19, 2015, I conferred with Rene Gonzalez,
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 19, 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:
Honorable Rene B. Gonzalez
CAMERON DISTRICT ATTORNEY’S OFFICE
rgonzalez1@co.cameron.tx.us
964 E. Harrison Street
Brownsville, Texas 78520
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