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 yc

K

EX PARTE JAMES RICHARD "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,

granting reliefon Count II because the statute was unconstitutionally overbroad, TAB

1 at 32-97, but denying relief on Count I on cognizability grounds. Id. at 10-32.

Governor Perry filed his petition for discretionary review on August 18,2015,

seeking review only of the court of appeals' opinion regarding cognizability as to
Count 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 of appeals' denial of cognizability 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 Count II on cognizability grounds in the event the Court

granted review of the State Prosecuting Attorney's petition. On September 8, the

Clerk's Office rejected Governor Perry's filing, advising Governor Perry's counsel that

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.

While undersigned counsel do not believe that the rules require that Governor Perry'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 supplement to the petition seeks review ofthe

court of appeals' 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 of appeals as to Count II was in error and should be reversed.
PRAYER FOR RELIEF

WHEREFORE, PREMISES CONSIDERED, Governor Perry respectfully prays

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: 512-322-8363
CERTIFICATE OF SERVICE

This is to certify that a true and complete copy of this 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 it was electronically filed with the Clerk

ofthe Court of Criminal Appeals.

/s/David L. Botsford

David L. Botsford