Case Information
*1 PD-1067-15 FILED IN COURT OF CRIMINAL APPEALS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
Transmitted 9/9/2015 10:26:50 AM «*—*»« no. — ^= ABEL ACOSTA CLERK ABEL ACOSTA, CLERK „ —~Jy IN THE Ch/ <Nfr COURT OF CRIMINAL APPEALS OF TEXAS * ^ 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 OVERSIZED SUPPLEMENT TO HIS 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. 9(i)(4), presents this Motion for Leave to File Oversized Supplement to His Petition for Discretionary Review, and would respectfully show this Honorable Court the following:
I. Governor Perry filed his petition for discretionary review on August 18,2015. As reflected by the certificate of compliance, that document complied with the word limitations contained in Rule 9.4(i)(2)(D).
Because the State Prosecuting Attorney filed her petition for discretionary review on August 28, 2015, Governor Perry needs to present four supplemental but
^T contingent grounds for review, as explained in his Motion for Leave to File Supplement to Petition for Discretionary Review, filed this date. They are reflected in his Motion for Leave to File Supplement to Petition for Discretionary Review. However, when the words subject to Rule 9.4(i)(l) from the supplement are included with the words subject to Rule 9.4(i)(l) from the original petition, the total words exceed the 4,500 limit by 883. Accordingly, leave to file an oversized supplement to his petition is respectfully requested.
PRAYER FOR RELIEF WHEREFORE, PREMISES CONSIDERED, Governor Perry respectfully prays that this Court grant leave to file his supplement to petition for discretionary review in its current form, realizing that it exceeds the total word limit by 883 words.
Respectfully submitted, THE BUZBEE LAW FIRM BAKER BOTTS L.L.P. /$/ Thomas R. Phillips
Is/Anthony G. Buzbee Anthony G. Buzbee Thomas R. Phillips State Bar No. 00000102 JPMorgan Chase Tower San Jacinto Center 600 Travis Street, Suite 7300 98 San Jacinto Blvd., Suite 1500 Houston, Texas 77002 Austin, Texas 78701-4078 Tbuzbee@txattorneys.com tom.phillips@bakerbotts.com Telephone: 512-322-2565 Facsimile: 512-322-8363 *3 BOTSFORD & ROARK
Is/David L. Botsford
David L. Botsford
1307 West Ave.
Austin, Texas 78701
dbotsford@aol.com
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, to 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 of the Court of Criminal Appeals.
/s/ David L. Botsford David L. Botsford