*1 PD-1067-1 COURT OF CRIMINAL APPEAL AUSTIN, TEXA Transmitted 11/12/2015 4:35:24 PI Accepted 11/13/2015 8:04:41 Af ABEL ACOST, No. PD-1067-15 CLER TO THE COURT OF CRIMINAL APPEALS FILED IN COURT OF CRIMINALAPPEALS OF THE STATE OF TEXAS November 13, 2015 ABELACOSTA, CLERK Ex parte James Richard "Rick" Perry

Appeal from Travis County

MOTION FOR LEAVE TO FILE STATE'S RESPONSE TO APPELLANT'S BRIEF ON THE MERITS ADDRESSING THE STATE'S PETITION FOR DISCRETIONARY REVIEW

[*] ^[*] *2 TO THE HONORABLE COURT OF CRIMINAL APPEALS: On October 7, 2015, this Court granted Appellant's and the State's Petitions for Discretionary Review and expedited briefing and oral argument. Oral argument is scheduled for November 18, 2015.

The State's Response, filed contemporaneously with this motion, addresses some of the arguments raised in Appellant's Brief. This case presents complex constitutional issues, and the State believes its response will clarify the issues for oral argument and aid the Court in its decision.

WHEREFORE, the State of Texas prays that this Court grant its motion for leave to file State's Response to Appellant's Brief on the Merits Addressing the State's Petition for Discretionary Review.

Respectfully submitted,

/s/ LISA C. McMINN

CERTIFICATE OF SERVICE The undersigned certifies that on this 12th day of November, 2015, the State's Motion for Leave to File Response to Appellant's Briefon the Merits Addressing the State's Petition for Discretionary Review was served via certified electronic service provider to:

Anthony G. Buzbee

Tbuzbee@txattomeys.com

David L. Botsford

dbotsford@aol.com

Thomas R. Phillips

tom.phillips@bakerbotts.com

Michael McCrum

michael@McCrumlaw.com

David Gonzalez

david@sg-llp.com

Isi LISA C. McMINN