PD-1376-15
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 11/24/2015 3:03:29 PM
Accepted 11/24/2015 3:29:33 PM
ABEL ACOSTA
NO. PD-1376-15 CLERK
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Roel Alvarez Lopez,
Appellant
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
SECOND 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
FILED IN (956) 683-6330
COURT OF CRiMINALAPPEALS (956) 225-0406 (fax)
brandy@appealsplus.com
November 24, 2015
ABEL ACOSTA, CLERK
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Appellant, Roel Alvarez Lopez, respectfully requests an extension of
time to file his petition for discretionary review. See Tex. R. App. P. 68.2(c).
The petition is currently due November 25, 2015. Appellant requests
28 additional days to file his petition for discretionary review, making the
petition due on December 23, 2015. This is Appellant's second 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 unexpected
circumstances occurred giving rise to the need for an extension.
The undersigned is counsel in a complex multi-district litigation case,
Cause No., In re Fraudulent Hospital Lien Litigation, pending in the 430th
District Court of Hidalgo County, involving hundreds of plaintiffs. The
undersigned counsel responded to nine motions for summary judgment on
October 26, 2015. Replies in support of summary judgment and objections
were due in that case on November 9, 2015. The undersigned expected
assistance with these filings but the research assistant assigned to assist
became unexpectedly ill with shingles, leaving the work to be completed
solely by the undersigned counsel. After a hearing on November 17, 2015,
the trial court requested supplemental briefing, which was completed on
November 23, 2015.
Additionally, the undersigned counsel was required to attend to the
following matters, which were likewise not anticipated at the time the first
extension was requested:
• Preparing post-submission briefing requested during 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., which was due to be filed on November 4,
2015;
• Preparing for and attending a summary judgment hearing in
Cause No. C-0377-15-J, Garza v. Gary Burch Construction
Co., in the 430th District Court on October 27, 2015, at which
the Court requested supplemental briefing due to be filed by
November 10, 2015.
The undersigned counsel has been diligently working on the petition
for discretionary review. However, 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 28-day extension, making his
petition for discretionary review due December 23, 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
Counselfor Appellant
CERTIFICATE OF CONFERENCE
I certify that on November 24, 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 November 24, 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
100N. 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