Elizondo, Jose Guadalupe Rodriguez

• Court: Court of Appeals of Texas
• Decided: February 6, 2015
• Docket: PD-1039-14
• Status: Published

Opinion

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

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

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