## NO.

________
In the Court of Criminal Appeals of Texas

D ANIEL L YNE ,

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 3

- 00 313

- C R IN THE T HIRTEENTH C OURT OF A PPEALS , R EVIEWING C AUSE N O

. 2012

- DCR

- 1456

- I 44 5 TH J UDICIAL D ISTRICT C OURT OF C AMERON C OUNTY , T EXAS H ON

. R OLANDO O LVERA

FIRST UNOPPOSED MOTION FOR EXTENSION OF T IME TO F ILE PETITION FOR DISCRETIONARY R EVIEW
Brandy Wingate Voss State Bar No. 24037046 S MITH L AW G ROUP , P.C.

820 E. Hackberry Ave. McAlle n, Texas 78501 (956) 683

- 6330 (956) 225

- 0406 (fax) brandy@appealsplus.com

Counsel for Appellant PD-1357-15 COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS Transmitted 10/19/2015 10:44:23 AM Accepted 10/19/2015 4:00:44 PM

ABEL ACOSTA CLERKIDENTITY OF PARTIES AND COUNSEL Appellant Counsel for Appellant Daniel Lyne Brandy Wingate Voss Smith Law Group, P.C. 820 E. Hackberry Ave. McAllen, Texas 785 01
Trial Counsel
Hon. Noe Garza Law Offices Of Noe Garza 854 E. Van Buren Street Brownsville, Texas 78520

Appellee Counsel for Appellee
State of Texas Honorable Rene B. Gonzalez C AMERON D ISTRICT A TTORNEY ’ S O FFICE rgonzalez1@co.cameron.tx.us 964 E. Harrison Street Brownsville, Texas 78520

Trial Counsel
Hon. Korinna Barraza Hon. Edna Herrera Dinsdale C AMERON C OUNTY D ISTRICT A TTORNEY ’ S O FFICE 964 E. Harrison Brownsville, Texas 78520TO THE HONORABLE COURT OF CRIMINAL APPEALS : Appellant , Da niel Lyne , respectfully requests a thirty

- d ay extension of
time to file his petition for discretionary review

. See T EX

. R. A PP

. P. 68.2(c)

. The Thirteenth Court of Appeals rendered its o pinion and judgment in Daniel Lyne v. The State of Texas , No. 13

- 1 3

- 0 0 313

- C R on September 17 , 201 5

. The petition for discretionary review is due on October 19, 2015 (the thirtieth day fell on a Saturday)

. T EX

. R. A PP

. P. 68. 2(a )

. Appellant requests thirty additional days to file his petition for discretionary review , maki ng the petition due on November 18, 2015 . This is Appellant ’s first request for an
extension of time. The undersigned counsel has conferred with counsel for
the Appellee , Rene Gonzalez, who does not oppose the relief requested in
this motion.
The under signed counsel was lead counsel for Appellant in the Thirteenth Court of Appeals. Immediately upon receiving the lower court’s opinion, the undersigned counsel forwarded the opinion and judgment to Mr. Lyne. The undersigned counsel advised Mr. Lyne of his option to retain the undersigned counsel or file a pro se petition for discretionary review. The undersigned counsel advised Mr. Lyne that she would assist with drafting a motion for extension of time if necessary.Mr. Lyne was recently moved to a differ ent facility within the TDCJ. The undersigned counsel has not yet received correspondence from Mr. Lyne and is concerned that the delay may be due to his recent transfer . Out of an abundance of caution, the undersigned counse l hereby requests a 30

- day extension of time to allow sufficient time to correspond with Mr. Lyne to determine his intent. The undersigned counsel will attempt correspondence with Mr. Lyne again, determine his intent, and if necessary dismiss this proceed ing if he chooses not to proceed. For all the foregoing reasons, Appellant respectfully requests that the Court grant this unopposed request for a thirty

- day extension, making his petition for discretionary review due November 18, 2015 , and any further
rel ief to which he 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. Hackberry Ave. McAllen, TX 78501 (956) 683

- 6330 (956) 225

- 0406 (fax) brandy@appealsplus.com Counsel for AppellantCERTIFICATE OF CONFERENCE I certify that on October 19 , 2015, I conferred with Rene Gonzalez , counsel for Appellee , who informed me that the Appellee d o es not oppose the relief reque sted in this motion. /s/ Brandy Wingate Voss Brandy Wingate Voss

CERTIFICATE OF SERVICE I certify that on October 19, 2015 , in compliance with Texas Rule of Appellate Procedure 9.5, I served this document on the following counsel of record by electro nic mail and /or by facsimile :
Honorable Rene B. Gonzalez C AMERON D ISTRICT A TTORNEY ’ S O FFICE rgonzalez1@co.cameron.tx.us 964 E. Harrison Street Brownsville, Texas 78520

Lisa C. McMinn State Prosecuting Attorney Office of State Prosecuting Attorney of Tex as P. O. Box 13046 Austin, Texas 78711

- 3046 Fax: (512) 463

- 5724 /s/ Brandy Wingate Voss Brandy Wingate Voss