McIntyre, Ernest Benl ( 2015 )

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
202 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 ^
202 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
930 S. Bell Blvd.,Ste.408
Cedar Park, Tx. 78613
APPELLATE COUNSEL FOR MOVANT
(WITHDRAWN)
Ernest Benl Mclntyre