FILED IN COURT OF CRIMINAL APPEALS September 9, 2015 ABELACOSTA, CLERK NO. PD-1067-15 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 9/9/2015 10:28:05 AM Accepted 9/9/2015 12:59:02 PM ABEL ACOSTA CLERK IN THE 

### COURT OF CRIMINAL APPEALS OF TEXAS AtS<Xm.QJ 

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# EXPARTEJAMESRICHARD "RICK" PERRY, \ ^ '( ^ Appellant

On Appeal From The 390th Judicial District Court, Travis County, Texas, Cause No. D-l-DC-14-100139

APPELLANT'S MOTION FOR LEAVE TO FILE SUPPLEMENT TO PETITION FOR DISCRETIONARY REVIEW

TO THE COURT OF CRIMINAL APPEALS OF TEXAS: 

### COMES NOW Appellant, James Richard "Rick" Perry (Governor Perry), and pursuant to Tex.R.App.P. 68.10, presents this Motion for Leave to File Supplement to Petition for Discretionary Review, and would respectfully show this Honorable Court the following:

On July 24, 2015, the Third Court of Appeals issued a published opinion, grantingreliefon CountIIbecausethe statute was unconstitutionallyoverbroad, TAB 

### 1 at 32-97, but denying reliefon Count I on cognizability grounds. Id. at 10-32. GovernorPerry filed his petition for discretionary review on August 18,2015, seeking review only ofthe court ofappeals' opinion regarding cognizability as toCount I. Ten days later, however, the State Prosecuting Attorney filed a petition seeking review on Count II. Governor Perry therefore must raise conditionally as supplemental grounds for review the court ofappeals' denial ofcognizability as to
Count II. On September 7, 2015, Governor Perry attempted to file what he labeled a cross-petition for discretionary review under Tex.R.App.P. 68.2(b), raising the court ofappeals' denial ofreliefon CountII on cognizability grounds in the eventthe Court granted review ofthe State Prosecuting Attorney's petition. On September 8, the Clerk's OfficerejectedGovernorPerry's filing, advising GovernorPerry's counselthat 

### the most appropriate manner to proceed is to seek leave to supplement his originally filed petition with the additional, supplemental, and contingent grounds for review. Whileundersigned counsel do not believe thatthe rules require that GovernorPerry's 

### petition be supplemented in order to preserve his supplemental, contingent grounds for review, they file this motion in compliance with the Clerk's direction in order to put all the issues before the Court. The supplementto the petition seeks review ofthe court ofappeals' opinion regarding cognizability as to Count II if, but only if, this 

### Court grants review ofthe State's petition. Thus, none ofthe grounds presented in the 

### supplement need to be addressed by this Court unless it first determines that the 

### judgment ofthe court ofappeals as to Count II was in error and should be reversed.PRAYER FOR RELIEF WHEREFORE, PREMISES CONSIDERED, GovernorPerry respectfullyprays that this Court grant leave to file his supplement to petition for discretionary review because "justice requires" that he be permitted to do so. See Tex.R.App.P. 68.10. Respectfully submitted,

THE BUZBEE LAW FIRM /s/Anthony G. Buzbee Anthony G. Buzbee State Bar No. 24001820 JPMorgan Chase Tower 600 Travis Street, Suite 7300 Houston, Texas 77002 • Tbuzbee@txattorneys.com Telephone: 713-223-5393 Facsimile: 713-223-5909

BOTSFORD & ROARK /s/David L. Botsford David L. Botsford State Bar No. 02687950 1307 West Ave. Austin, Texas 78701 dbotsford@aol.com Telephone: 512-479-8030 Facsimile: 512-479-8040 BAKER BOTTS L.L.P. /s/ Thomas R. Phillips Thomas R. Phillips State Bar No. 00000102 San Jacinto Center 98 San Jacinto Blvd., Suite 1500 Austin, Texas 78701-4078 tom.phillips@bakerbotts.com Telephone: 512-322-2565 Facsimile: 512-322-8363CERTIFICATE OF SERVICE This is to certify that a true and complete copy ofthis document has been emailed to Michael McCrum at michael@McCrumlaw.com, David Gonzalez at david@sg-llp.com and to Lisa McMinn, State Prosecuting Attorney, at lisa.mcminn@spa.texas.gov on the same date itwas electronicallyfiled withthe Clerk ofthe Court ofCriminal Appeals. /s/David L. Botsford David L. Botsford