Lopez, Roel Alvarez

Opinion

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