Case Information
*1 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 NO. ________ CLERK In the Court of Criminal Appeals of Texas D ANIEL L YNE , A PPELLANT V .
S TATE OF T EXAS , PPELLEE O N P ETITION FOR D ISCRETIONARY R EVIEW F ROM C AUSE N O . 13-13-00313-CR IN THE T HIRTEENTH C OURT OF PPEALS , R EVIEWING C AUSE N O . 2012-DCR-1456-I 445 TH J UDICIAL OURT OF C C OUNTY , T EXAS
H ON . R OLANDO LVERA FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME
TO FILE PETITION FOR DISCRETIONARY REVIEW State Bar No. 24037046 S MITH L AW G ROUP , P.C.
McAllen, Texas 78501 (956) 683-6330 (956) 225-0406 (fax) brandy@appealsplus.com *2 IDENTITY OF PARTIES AND COUNSEL Appellant
Daniel Lyne
Smith Law Group, P.C. McAllen, Texas 78501 Trial Counsel Hon. Noe Garza Law Offices Of Noe Garza 854 E. Van Buren Street Brownsville, Texas 78520 Counsel for Appellee Appellee
State of Texas Honorable Rene B. Gonzalez
C AMERON D 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 OUNTY ISTRICT TTORNEY ’ S FFICE 964 E. Harrison Brownsville, Texas 78520 *3 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 T EX . R. PP . 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). T EX . R. PP . 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 State Bar No. 24037046 S MITH L AW G ROUP , P.C. McAllen, TX 78501 (956) 683-6330 (956) 225-0406 (fax) brandy@appealsplus.com *5 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 TTORNEY ’ S 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 Texas
P. O. Box 13046
Austin, Texas 78711-3046
Fax: (512) 463-5724
/s/ Brandy Wingate Voss