September 23, 2016
To Court of Criminal Appeals P.O. Box 12308, Capitol Station Austin, Texas 78711

RE: Christian Alberto Martinez PD-1073-16 

### Adoption of Attorney's PDR and Suspension of Rul( 

### My friend onmy unit is helping me file this letter tohelp clarify the filing of my petiton for discretionary review. 

### At t-SLA^UStx24' 2°16 the 8!hCourt of Appeals Affirmedmyconviction. At tnis time Iwas unaware if my Court Appointed Attorney would be filing aPDR for me. I filed apro se motion to extend the 

### time tor this filing and amotion to suspend Rule 9.3(b) The Court Granted these motions and the time for filing my PDR was 

### extended to November 22, 2016. Subsequent to the Court Granting;/Cn1RI these motions my attorney informedme even thoughhe wagreoWSLt^IN 

### appointedhe felt the nature of mygrounds for reviewwouttf'&TC®imNAlAPPPa, perplexing and of importance for the CCA to consider. He told

_ U^F£AL me he would be filing a PDR on my behalf. $':?2p,?^"l


### On September 20th, 2016 this Court filed:my attorney's PDR«, A 

### and also informedme bypost card that since it was electronfc^08^Clerk filed according to Rule 9.3(b) 10 copies of this document must 5TM !dwithin 3days. Iassert that Iwish to adopt my attorney's PDR and do not wish to present to the Court apro se PDR since 

### Iam not eligible for hybrid representation. My only consern 

### is the court needs 10 copies of my PDR. In the event my attorney does not comply with Rule 9.3(b) Iask the court not to dismiss or refuse my petition. As Iadopt my attorneys petition Iask 

### tor the court to Suspend this rule as on September 9, 2016 it Granted my pro se motion to extend this rule. 

### In^the event the Court refuses my PDR Iask the clerk to please notify me by post card the day of its ruling. Awrit writer at my unit believes my case is of National importance and would like to file apossible motion for rehearing in this court as well awrit of certiorari with U.S Supreme Court. It is crucial 

### that Ihave acopy of the order refusing relief and knowledge 

### of the date so Ican file furthurproceedingsv7wifchin-:'fche£.appUcable
Q63.QJL1116S
I ask the Court in considering my PDR to Grant relief as the 

### Court of Appeals used the wrong harm standard Tex.R.App.P 44.2(b) .instead of Rule 44.2(a) Numerous lay witness consering my mental status on the days leading up to the offense and to show the 

### veracity of my mental disorder and that Iwas not malingering 

### is obesrvation evidence of aConstitutinal Dimension. Without these witnesses my attorneys had no way to verify the truth of my Expert Psychologist and for the jury to disbelive the states 

### expert tnat Iwas feigningmy symptoms. ClarkV, Arizona 126S.Ct.2709(2006)
Ialso ask the Court in considering my PDR to Grant relief 

## of Ufehw^Sonf th6r<f *? anevolYinSconsesus thatmy sentence ot lifewithout parole is unconsitutional under Miller V. Alabama RECEIVEDIN COURTOFCRIMINALAPPEALS

SEP282016132 S.Ct. 2455 (2012). The record in this case indicates that Appellant's IQ is well bellow the 72 threshold for mental retardation (RR Vol, p. 94) Because Appellants intellectual functioning is just like or even bellow someone of 18 years of age Miller holds life without parole is cruel and unusual punishment. The Court should want to take this petition up as sentencing mentally retarded people to life without parole is perplexing considering the dichtonomy of Miller condemning sentencing individuals who have less mental functioning of an adult. Thank you for your time on considering my case. I again ask you to please notify me of a ruling on my case so I can pursue my futhur appeals especially in light of the 1 year AEDPA filing for a Federal Habeas Corpus.

I Christian Martinez have read the above following that was typed for me and declare Iwish the Court of Criminal Appeals to consider my petition for discretionary review. 

### Dated and Signed this #3 DAY OF September 2016.

Chri Robertson Unit 12071 F.M. #522 Abilene, Tx 79601