Case Information

*1 PD-1039-14 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 2/5/2015 5:05:22 PM Accepted 2/6/2015 8:46:13 AM ABEL ACOSTA NO. PD-1039-14 CLERK In the Court of Criminal Appeals of Texas J OSE UADALUPE R ODRIGUEZ E LIZONDO , A PPELLANT V . TATE OF T EXAS ,

A PPELLEE O N P ETITION FOR D ISCRETIONARY R EVIEW F ROM C AUSE N O . 13-12-00028-CR IN THE T HIRTEENTH C OURT OF A PPEALS , R EVIEWING C AUSE N O . CR-3485-10-I 398 TH J UDICIAL D ISTRICT C OURT OF H IDALGO C OUNTY T EXAS

H ON . INDA R. Y AÑEZ P RESIDING BY A SSIGNMENT APPELLANT’S FIRST UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE BRIEF ON THE MERITS TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS:

Appellant, Jose Guadalupe Rodriguez Elizondo, respectfully requests a fourteen-day extension of time to file his brief on the merits and respectfully shows:

On January 28, 2015, the Court granted Appellant’s petition for discretionary review and requested briefing on the merits, making *2 Appellant’s brief due on February 27, 2015. This is Appellant’s first extension of time to file his brief on the merits. Appellant requests that the Court grant fourteen additional days to file his brief, making the brief due on March 13, 2015.

The undersigned counsel is lead counsel for Appellant and has the sole responsibility for filing the brief on the merits in this case. On January 26, 2015, the undersigned counsel became ill with the flu. Thereafter, on February 2, 2015, the undersigned counsel was diagnosed with pneumonia and ordered by her doctor to stay in bed, or else risk hospitalization. Accordingly, the undersigned counsel has missed almost two weeks of work already for illness and is still recovering. In order to provide effective representation on appeal, Appellant requests an additional two weeks to file his brief to allow his counsel sufficient time to recover from her illness and to prepare the brief.

The undersigned counsel has conferred with counsel for the State of Texas, Lisa McMinn, who advised on that the State does not oppose the relief requested in this motion.

For all the foregoing reasons, Appellant respectfully requests that the Court grant this unopposed request for a fourteen-day extension, making his *3 brief on the merits due March 13, 2015, and any further relief to which Appellant may be justly entitled.

Respectfully submitted, /s/ Brandy Wingate Voss Brandy Wingate Voss State Bar No. 24037046 MITH AW ROUP 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 February 5, 2015, I conferred with Lisa McMinn, counsel for Appellee, who informed me that the Appellee does not oppose the relief requested in this motion.

*4 CERTIFICATE OF SERVICE I certify that on February 5, 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:

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

Ted Hake

Michael Morris

Assistant District Attorney

Appeals Section

Office of Criminal District Attorney

Hidalgo County, Texas

100 N. Closner, Rm 303

Edinburg, Texas 78539

Fax: (956) 380-0407

ted.hake@da.co.hidalgo.tx.us

michael.morris@da.co.hidalgo.tx.us