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

IN THE COURT OF CRIMINAL APPEALS OF TEXAS yc AtS<Xm.QJ 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 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 ofrelief on 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 of the 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 BAKER BOTTS L.L.P.

/s/ Anthony G. Buzbee /s/ Thomas R. Phillips Anthony G. Buzbee Thomas R. Phillips State Bar No. 24001820 State Bar No. 00000102 JPMorgan Chase Tower San Jacinto Center Travis Street, Suite 7300 98 San Jacinto Blvd., Suite 1500 Houston, Texas 77002 • Austin, Texas 78701-4078 [email protected] [email protected] Telephone: 713-223-5393 Telephone: 512-322-2565 Facsimile: 713-223-5909 Facsimile: 512-322-8363

BOTSFORD & ROARK /s/David L. Botsford David L. Botsford State Bar No. 02687950 1307 West Ave. Austin, Texas 78701 [email protected] Telephone: 512-479-8030 Facsimile: 512-479-8040 CERTIFICATE OF SERVICE

This is to certify that a true and complete copy of this document has been emailed to Michael McCrum at [email protected], David Gonzalez at [email protected] and to Lisa McMinn, State Prosecuting Attorney, at [email protected] on the same date it was electronically filed with the Clerk of the Court of Criminal Appeals.

/s/ David L. Botsford David L. Botsford