NO. PD-1039-14

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

398TH 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 

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

CLERK
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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 
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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
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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

/s/ Brandy Wingate Voss

Brandy Wingate Voss