NO. ________

In the Court of Criminal Appeals of Texas

DANIEL LYNE,

APPELLANT

V.

STATE OF TEXAS,

APPELLEE

ON PETITION FOR DISCRETIONARY REVIEW

FROM CAUSE NO. 13-13-00313-CR

IN THE THIRTEENTH COURT OF APPEALS,

REVIEWING CAUSE NO. 2012-DCR-1456-I

445TH JUDICIAL DISTRICT COURT OF CAMERON COUNTY, TEXAS

HON. ROLANDO OLVERA

FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME 

TO FILE PETITION FOR DISCRETIONARY REVIEW 

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

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

CLERK
IDENTITY OF PARTIES AND COUNSEL

Appellant Counsel for Appellant

Daniel Lyne Brandy Wingate Voss

Smith Law Group, P.C.

820 E. Hackberry Ave.

McAllen, Texas 78501

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

CAMERON DISTRICT ATTORNEY’S 

OFFICE

rgonzalez1@co.cameron.tx.us

964 E. Harrison Street

Brownsville, Texas 78520

Trial Counsel

Hon. Korinna Barraza

Hon. Edna Herrera Dinsdale

CAMERON COUNTY DISTRICT 

ATTORNEY’S OFFICE

964 E. Harrison

Brownsville, Texas 78520
TO THE HONORABLE COURT OF CRIMINAL APPEALS:

Appellant, Daniel Lyne, respectfully requests a thirty-day extension of 

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

The Thirteenth Court of Appeals rendered its opinion and judgment in 

Daniel Lyne v. The State of Texas, No. 13-13-00313-CR on September 17, 

2015. The petition for discretionary review is due on October 19, 2015 (the 

thirtieth day fell on a Saturday). TEX. R. APP. P. 68.2(a). Appellant requests 

thirty additional days to file his petition for discretionary review, making 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 undersigned 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 different 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 counsel 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 proceeding 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 

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

Counsel for Appellant
CERTIFICATE OF CONFERENCE

I certify that on October 19, 2015, I conferred with Rene Gonzalez,

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 October 19, 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:

Honorable Rene B. Gonzalez

CAMERON DISTRICT ATTORNEY’S OFFICE

rgonzalez1@co.cameron.tx.us

964 E. Harrison Street

Brownsville, Texas 78520

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