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