Case Information
*1 September 23, 2016 RECEIVED IN COURT OF CRIMINAL APPEALS To Court of Criminal Appeals P.O. Box 12308, Capitol Station
Austin, Texas 78711 SEP 28 2016 RE: Christian Alberto Martinez PD-1073-16 Adoption of Attorney's PDR and Suspension of Rul(
My friend on my unit is helping me file this letter to help clarify the filing of my petiton for discretionary review. At t-SLA^UStx24' 2°16 the 8!h Court of Appeals Affirmed my conviction.
At tnis time I was unaware if my Court Appointed Attorney would be filing a PDR for me. I filed a pro se motion to extend the time tor this filing and a motion 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;/ Cn 1RI these motions my attorney informed me even though he wagreoW SLt^ IN appointed he felt the nature of my grounds for review wouttf'&T C®imNAl APPPa, 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 informed me by post card that since it was electronfc^08^ Clerk filed according to Rule 9.3(b) 10 copies of this document must 5™ !d within 3 days. I assert that I wish to adopt my attorney's PDR and do not wish to present to the Court a pro se PDR since I am 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) I ask the court not to dismiss or refuse my petition. As I adopt my attorneys petition I ask 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 I ask the clerk to please notify me by post card the day of its ruling. A writ writer at my unit believes my case is of National importance and would like to file a possible motion for rehearing in this court as well a writ of certiorari with U.S Supreme Court. It is crucial that I have a copy of the order refusing relief and knowledge of the date so I can file furthur proceedingsv7wifchin-:'fche£.appUcable Q63.Q JL1116 S ♦
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 I was not malingering is obesrvation evidence of a Constitutinal 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 I was feigning my symptoms. Clark V, Arizona 126S.Ct.2709(2006)
I also ask the Court in considering my PDR to Grant relief of Ufehw^Sonf th6r<f *? an evolYinS consesus that my sentence ot life without parole is unconsitutional under Miller V. Alabama
132 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 I wish 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