Martinez, Rhonald ( 2015 )

N O . PD -0237-15 IN TH E CO URT O F CRIM IN AL APPEALS O F TEXAS RH O N ALD M ARTIN EZ Petitioner v. May 7, 2015 THE STATE OF TEXAS Respondent Petition is in Cause N o. 1253416D from the 297th Criminal D istrict Court of Tarrant County, Texas, and Cause N o. 02-13-00610-CR in the Court of Appeals for the Second D istrict of Texas _____________________________________ M O TIO N FO R LEAVE TO FILE FIRST AM EN D ED PETITIO N FO R D ISCRETIO N ARY REVIEW TO TH E H O N O RABLE CO URT O F APPEALS: CO M ES N O W , Rhonald M artinez, Petitioner, and pursuant to Rule 68.10 of the Texas Rules of Appellate Procedure files this M otion for Leave to file First Am ended Petition for D iscretionary Review , and in support of which w ould show the follow ing: Martinez v. State - Motion for Leave to File First Amended Petition for Discretionary Review Page 1 of 3 I. Petitioner’s Petition for D iscretionary Review was filed on April 2, 2015. Pursuant to Rule 68.10, the Petition m ay be am ended at any tim e justice requires. II. O n April 21, 2015, The United States Suprem e Court issued its O pinion in Rodriguez v. United States, _ _ _S.Ct._ _ _, 2015 W L 1780927 (U.S. Apr. 21, 2015). The Rodriguez case touches on m atters raised in Petitioner’s Petition for D iscretionary Review , and the First Am ended Petition for D iscretionary Review subm itted concurrently w ith this m otion incorporates the new Suprem e Court O pinion, w hich m ay be helpful to the Court in resolving said Petition. W HEREFORE, PREM ISES CONSIDERED, Petitioner Rhonald M artinez prays this Court w ill grant Leave to File First Am ended Petition for D iscretionary Review . Respectfully subm itted, /s/ A be Factor Abe Factor TBN : 06768500 Factor, Cam pbell & Collins Attorneys at Law 5719 Airport Freew ay Fort W orth, Texas 76117 Phone: (817) 222-3333 Fax: (817) 222-3330 Attorney for Petitioner Rhonald M artinez Martinez v. State - Motion for Leave to File First Amended Petition for Discretionary Review Page 2 of 3 C ER T IFIC A T E O F C O N FER EN C E I do hereby certify that a conference w as held w ith opposing counsel, and said counsel is not opposed to the granting of the relief requested in this m otion. /s/ A be Factor Abe Factor CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing instrument has been furnished to counsel for the State’s Prosecuting Attorney and the Tarrant County District Attorney by a manner compliant with the Texas Rules of Appellate Procedure, on this 7th day of M ay , 2015. /s/ Abe Factor Abe Factor Martinez v. State - Motion for Leave to File First Amended Petition for Discretionary Review Page 3 of 3