NO. PD-1486-14

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

ERNEST BENL MCINTYRE Petitioner, Appellant ^0URT0FCRIiiAfAUP,v-4iS MAY 01 2015 V.

AbelAcosta, Cleri- THE STATE OF TEXAS Appellee

FILED IN COURT OF CRIMINAL APPEALS MAY 01 2015 Abel Acosta, Clerk

MOTION FOR LEAVE TO FILE FIRST AMENDED MOTION FOR REHEARING

ERNEST BENL MCINTYRE Avenue F, Apt.#2 Moody, Tx. 76557 (254) 853-9146 PETITIONER, APPELLANT PRO SE NO. PD-1486-14

ERNEST BENL MCINTYRE § IN THE § V. § COURT OF CRIMINAL APPEALS § THE STATE OF TEXAS § OF TEXAS

MOTION FOR LEAVE TO FILE FIRST AMENDED MOTION FOR REHEARING

TO THE HONORABLE JUSTICES OF THE COURT: COMES now, Ernest Benl Mclntyre, Petitioner, Appellant, Movant pro se, and files this motion requesting permission from the Court to amend his motion for rehearing now pending before this Court, and in support would show: I.

Movant filed a petition for discretionary review with this Court on January 16, 2015, which was refused February 25, 2015.

II.

Rehearing was due on or before April 13, 2015, but was not filed until April 17, 2015, due to postal error; said motion was post-dated April 9, 2015. Said motion is now pending before this Court.

III.

Due to oversight, Movant failed to include relevant Supreme Court caselaw supporting his argument that the State's withholding of BRADY material can affect defense counsel's pre-trial decision whether to advise the defendant to plead guilty or proceed to trial. No other substantial changes have been made.

PRAYER

WHEREFORE, PREMISES CONSIDERED, Movant prays that the Court grant him permission to amend his motion for rehearing.

Respectfully Submitted,

Ernest Benl Mclntyre ^ Avenue F, Apt.#2 Moody, Tx. 76557 (254) 853-9146 PETITIONER, APPELLANT, MOVANT PRO SE

CERTIFICATE OF SERVICE This is to certify that a true copy of the foregoing was served on each party as indicated below on this 24th day of April 2015, via U.S. mail, postage pre-paid.

State Prosecuting Attorney Bob Odom P.O. Box 12405 Crim.Dist.Attorney Austin, Tx. 78711 P.O. Box 540 Belton, Tx. 76513

Tim Copeland Attorney at Law S. Bell Blvd.,Ste.408 Cedar Park, Tx. 78613 APPELLATE COUNSEL FOR MOVANT (WITHDRAWN) Ernest Benl Mclntyre