NO. PD-1376-15

PD-1376-15

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 11/24/2015 3:03:29 PM

Accepted 11/24/2015 3:29:33 PM

ABEL ACOSTA

CLERK

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Roel Alvarez Lopez,

Appellant

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

SECOND UNOPPOSED MOTION FOR EXTENSION OF

TIME TO FILE

PETITION FOR DISCRETIONARY REVIEW

FILED IN

COURT OF CRiMINALAPPEALS

November 24, 2015

ABEL ACOSTA, CLERK

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
TO THE HONORABLE COURT OF CRIMINAL APPEALS:

Appellant, Roel Alvarez Lopez, respectfully requests an extension of

time to file his petition for discretionary review. See Tex. R. App. P. 68.2(c).

The petition is currently due November 25, 2015. Appellant requests

28 additional days to file his petition for discretionary review, making the

petition due on December 23, 2015. This is Appellant's second 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 unexpected

circumstances occurred giving rise to the need for an extension.

The undersigned is counsel in a complex multi-district litigation case,

Cause No., In re Fraudulent Hospital Lien Litigation, pending in the 430th

District Court of Hidalgo County, involving hundreds of plaintiffs. The

undersigned counsel responded to nine motions for summary judgment on

October 26, 2015. Replies in support of summary judgment and objections

were due in that case on November 9, 2015. The undersigned expected

assistance with these filings but the research assistant assigned to assist
became unexpectedly ill with shingles, leaving the work to be completed

solely by the undersigned counsel. After a hearing on November 17, 2015,

the trial court requested supplemental briefing, which was completed on

November 23, 2015.

Additionally, the undersigned counsel was required to attend to the

following matters, which were likewise not anticipated at the time the first

extension was requested:

• Preparing post-submission briefing requested during 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., which was due to be filed on November 4,

2015;

• Preparing for and attending a summary judgment hearing in

Cause No. C-0377-15-J, Garza v. Gary Burch Construction

Co., in the 430th District Court on October 27, 2015, at which

the Court requested supplemental briefing due to be filed by

November 10, 2015.

The undersigned counsel has been diligently working on the petition

for discretionary review. However, 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 28-day extension, making his

petition for discretionary review due December 23, 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

Counselfor Appellant

CERTIFICATE OF CONFERENCE

I certify that on November 24, 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 November 24, 2015, in compliance with Texas Rule

of Appellate Procedure 9.5, I served this document on the following counsel

ofrecord by electronic mail and/or by facsimile:

Glen Devino

Hidalgo County Criminal District Attorney's Office

Appeals Section

100N. 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