Lyne, Daniel

• Court: Court of Appeals of Texas
• Decided: October 19, 2015
• Docket: PD-1357-15
• Status: Published

Opinion

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

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