NO. PD-1039-14 

 

IN THE COURT OF CRIMINAL APPEALS 

OF THE STATE OF TEXAS 

JOSE GUADALUPE RODRIGUEZ 

ELLIZONDO, 

Appellant 

vs. 

THE STATE OF TEXAS, 

Appellee 

APPEAL OF CAUSE NO. CR-3485-

10-I 

FROM THE 398TH DISTRICT 

COURT OF 

HIDALGO COUNTY, TEXAS 

STATE/APPELLEE’S MOTION FOR EXTENSION 

OF TIME TO FILE THE STATE’S BRIEF

TO THE HONORABLE JUDGES OF SAID COURT: 

 NOW COMES the State of Texas, Appellee herein, and respectfully files this, 

the State’s first Motion for Extension of Time to file its brief in the above-referenced 

case, and in support thereof, would show unto the Court the following: 

1. On November 14, 2010, Appellant, Jose Guadalupe Rodriguez Elizondo, was 

found guilty of one count of Murder. [CR 014]. On November 14, 2010, 

Appellant was sentenced by the jury to a term of 25 years imprisonment. [CR 

069]. 

2. On August 31, 2010, the Court of Appeals for the Thirteenth Judicial District 

issued a Memorandum Opinion affirming Appellant’s conviction. 

3. On August 5, 2014, Appellant filed his first motion to extent time to file a 

PD-1039-14

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 4/15/2015 4:40:41 PM

Accepted 4/15/2015 4:44:02 PM

ABEL ACOSTA

CLERK
petition for discretionary review.

4. On August 21, 2014, Appellant filed his second motion to extent time to file a 

petition for discretionary review 

5. On October 1, 2014, Appellant filed a petition for discretionary review. 

6. On January 28, 2015, this Court granted the petition for discretionary review. 

7. On February 6, 2015, Appellant filed his first motion for extention of time to 

file his brief. 

8. Appellee’s brief was filed on March 16, 2015. 

9. The brief of the State/Appellant is currently due on Wednesday, April 15, 

2015.

10. Good cause exists for requesting an extension of time in which to file the Brief 

of State/Appellant, namely:

(a) The undersigned attorney has been engaged in the preparation of the 

State’s Response to an application for a writ of habeas corpus in Cause 

CR-4404-10-A(1), Ex parte Victor Garcia, which was filed on March 

23, 2015. 

(b)

(c) The undersigned attorney has been preparing for an evidentiary hearing 

on an application for a writ of habeas corpus in Cause No. CR-4404-10-

A(1), Ex parte Victor Garcia, which was held on March 23, 2015. 

(d) The undersigned attorney has been engaged in the preparation of the 

State’s Response to an application for a writ of habeas corpus in Cause 

No. CR-1726-12-J(1), Ex parte Jorge Maximo Espinoza, which was 

filed on March 26, 2015. 

(e) The undersigned attorney has been engaged in the preparation of the 

State’s Response to an application for a writ of habeas corpus in Cause

No. CR-1258-03-G(2), Ex parte Marco Antonio Chairez, which was 

filed on April 6, 2015. 
(f) The undersigned attorney was engaged in the preparation of the State’s 

Brief in Appellate Cause No. 13-14-00441-CR, Ex parte Rene 

Aguilera, which was filed on March 23, 2015. 

(g) Appellant’s appellate attorney of record, Brandy Wingate Voss, is not 

opposed to the State’s motion for an extension of time to file the State’s 

Brief.

10. An extension of thirty (30) days, or until Friday, May 15, 2015, is therefore 

requested to allow the undersigned attorney to prepare the State’s Brief. 

12. The motion is not made for the purpose of delay, but so justice may be done.

WHEREFORE, Appellant, the State of Texas, respectfully requests that its 

motion for an extension of time of fifteen (15) days, until Tuesday, May 31, 2011, 

to file the Brief of State/Appellant in the case herein, be in all things GRANTED.

Respectfully submitted,

 

RICARDO RODRIGUEZ, JR.

CRIMINAL DISTRICT ATTORNEY

HIDALGO COUNTY, TEXAS

_/s/ Michael W. Morris_____________

MICHAEL W. MORRIS, ASSISTANT

Criminal District Attorney

Lead Counsel for Appellee

State Bar No. 24076880

Office of the Criminal District Attorney

Hidalgo County Courthouse

100 North Closner

Edinburg, Texas 78539

Telephone: (956) 318-2300 ext. 781

Telefax: (956) 380-0407

ATTORNEYS FOR THE STATE
CERTIFICATE OF SERVICE

I, MICHAEL W. MORRIS, do hereby certify that I have served a copy of the 

foregoing State/Appellant’s Motion for Extension of Time to File the State’s Brief to 

Appellee Jose Guadalupe Rodriguez Elizondo’s appellate attorney of record, Brandy 

Wingate Voss, and to Lisa C. McMinn, State Prosecuting Attorney by e-service 

through the electronic filing service. 

Dated this, the 15th day of April, 2015.

_/s/ Michael W. Morris_________________ 

 MICHAEL W. MORRIS, ASSISTANT

CRIMINAL DISTRICT ATTORNEY

HIDALGO COUNTY, TEXAS