## NO
. PD

- 1039

- 14

In the Court of Criminal Appeals of Texas

J OSE G UADALUPE R ODRIGUEZ E LIZONDO , A PPELLANT

V . S TATE OF T EXAS , A PPELLEE

O N P ETITION FOR D ISCRETIONARY R EVIEW F ROM C AUSE N O

. 13

- 1 2

- 00 0 28

- C R IN THE T HIRTEENTH C OURT OF A PPEALS ,

R EVIEWING C AUSE N O

. CR

- 3485

- 10

- I 398 TH J UDICIAL D ISTRICT C OURT OF H IDALGO C OUNTY , T EXAS H ON

. L INDA R. Y AÑEZ P RESIDING BY A SSIGNMENT

APPELLANT’S FIRST UNOPPOSED MOTION FOR EXTENSION OF T IME TO F ILE BRIEF ON THE MERITS

TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS : Appellant , Jose Guadalupe Rodriguez Elizondo , respectfully requests

a fourteen

- d ay extension of time to file his brief on the m erits and respectfully shows: On January 28, 2015, the Court granted Appellant’s petition for discretionary review and requeste d briefing on the merits, making PD-1039-14 COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS Transmitted 2/5/2015 5:05:22 PM Accepted 2/6/2015 8:46:13 AM

ABEL ACOSTA CLERK2 Appellant’s b rief due on February 27, 2015. Th is is Appellant’s first
extension of time to file his b rief on the m erits

. Appellant requests that the Court grant fourteen additional days to file his b rief , making the b rief due on
Mar ch 13, 2015

. The undersigned counsel is lead counsel for Appellant and has the sole responsibility for filing the b rief on the m erits 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. I n order to provide effective representation on appeal, Appellant requests an ad ditional two weeks to file
his b rief to allow his counsel sufficient time to recover from her illness and to prepare the brief

. The undersigned counsel has conferred wi th counsel for the State of
Texas , Lisa McMinn, who advised on that the State do es 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

- d ay extension, making his3 b rief on the m erits 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 S MITH L AW G ROUP , P.C. 820 E. H ackberry 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 d o es not oppose the relief requested in this motion. /s/ Brandy Wingate Voss Brandy Wingate Voss4 CERTIFICATE OF SERVICE I certify that on February 5, 2015 , in compliance with Texas Rule of Appell ate 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: (51 2) 463

- 5724
Ted Hake Michael Morris Assistant District Attorney Appeals Section Office of Criminal District Attorney Hidalgo County, Texas 100 N

. Closner , R m 303 Edinburg, T exas 78539 Fax: (956) 380

- 0407 ted.hake@da.co.hidalgo.tx.us michael.morris@da.co.hidalgo.tx.us

/s/ Brandy Wingate Voss Brandy Wingate Voss