### 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 ofTexas, Appellee

On Petition for Discretionary Review From Cause No. 13-13-00307-CR in the Thirteenth CourtofAppeals,

Reviewing Cause No. CR-981-12-D 206th Judicial DistrictCourt ofHidalgo 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 ABELACOSTA, CLERK Brandy Wingate Voss State Bar No. 24037046 SmithLaw Group, P.C.

820 E. Hackberry Ave. McAllen, Texas 78501 (956) 683-6330 

### (956) 225-0406 (fax) brandy@appealsplus.comTO THE HONORABLE COURT OF CRIMINAL APPEALS: Appellant, Roel Alvarez Lopez, respectfully requests an extension of 

### time to file his petitionfor discretionaryreview. 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 oftime. The undersigned counsel has conferred with counsel 

### for the Appellee, Glen Devino, who does not oppose the reliefrequested 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 FraudulentHospital Lien Litigation, pending in the 430th 

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

### undersigned counselresponded to nine motions for summary judgment on October 26, 2015. Replies in support of summaryjudgment and objections
were due in that case on November 9, 2015. The undersigned expected 

### assistance with these filings but the research assistant assigned to assistbecame 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, DoubleDiamond, Inc. et 

### al. v. Alfonso etal., 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, haveprevented the undersigned counsel from preparing Appellant's petition for discretionary review before the deadline. This motion for extension oftime 

### is not soughtfor purposes ofdelay, but so thatjustice maybe 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 reliefto which he may bejustly entitled.
Respectfully submitted, /s/Brandy Wingate Voss Brandy Wingate Voss State Bar No. 24037046 SmithLaw Group, P.C. 820 E. Hackberry Ave. McAllen,TX 78501 (956) 683-6330 (956) 225-0406 (fax) brandy^appealsplus.com CounselforAppellant 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 reliefrequested in this motion. /s/ Brandy Wingate Voss Brandy Wingate VossCERTIFICATE OF SERVICE I certify that on November 24, 2015, in compliance with Texas Rule 

### ofAppellate Procedure 9.5, I served this document on the following counsel ofrecordby electronic mail and/orby facsimile:
Glen Devino Hidalgo County Criminal DistrictAttorney's Office Appeals Section 100N. Closner, 3rd Floor Edinburg, Texas 78539 glenn.devino@da.co.hidalgo.tx.us Lisa C. McMinn State ProsecutingAttorney Office ofState Prosecuting Attorney ofTexas P.O. Box 13046 Austin, Texas 78711-3046 Fax:(512)463-5724 /s/ Brandy Wingate Voss Brandy Wingate Voss