PD-1073-16 September 23, 2016
RECEIVED IN
To Court of Criminal Appeals COURT OF CRIMINAL APPEALS
P.O. Box 12308, Capitol Station
Austin, Texas 78711 SEP 28 2016
RE: Christian Alberto Martinez PD-1073-16
Adoption of Attorney's PDR and Suspension of Rul(
My friend on my unit is helping me file this letter to help
clarify the filing of my petiton for discretionary review.
At t-SLA^UStx24'
At tnis time I was 2°16 the if
unaware 8!hmyCourt
Courtof Appointed
Appeals Affirmed
Attorney mywould
conviction.
be filing a PDR for me. I filed a pro se motion to extend the
time tor this filing and a motion to suspend Rule 9.3(b) The
Court Granted these motions and the time for filing my PDR was
extended to November 22, 2016. Subsequent to the Court Granting;/ Cn 1RI
these motions my attorney informed me even though he wagreoW SLt^ IN
appointed he felt the nature of my grounds for review wouttf'&T C®imNAl APPPa,
perplexing and of importance for the CCA to consider. He told _ U^F£AL
me he would be filing a PDR on my behalf. $':? 2p, ?^"l
On September 20th, 2016 this Court filed:my attorney's PDR«, A
and also informed me by post card that since it was electronfc^08^ Clerk
filed according to Rule 9.3(b) 10 copies of this document must
5™ !d within 3 days. I assert that I wish to adopt my attorney's
PDR and do not wish to present to the Court a pro se PDR since
I am not eligible for hybrid representation. My only consern
is the court needs 10 copies of my PDR. In the event my attorney
does not comply with Rule 9.3(b) I ask the court not to dismiss
or refuse my petition. As I adopt my attorneys petition I ask
tor the court to Suspend this rule as on September 9, 2016 it
Granted my pro se motion to extend this rule.
In^the event the Court refuses my PDR I ask the clerk to please
notify me by post card the day of its ruling. A writ writer at
my unit believes my case is of National importance and would
like to file a possible motion for rehearing in this court as
well a writ of certiorari with U.S Supreme Court. It is crucial
that I have a copy of the order refusing relief and knowledge
of the date so I can file furthur proceedingsv7wifchin-:'fche£.appUcable
Q63.Q JL1116 S ♦
I ask the Court in considering my PDR to Grant relief as the
Court of Appeals used the wrong harm standard Tex.R.App.P 44.2(b)
.instead of Rule 44.2(a) Numerous lay witness consering my mental
status on the days leading up to the offense and to show the
veracity of my mental disorder and that I was not malingering
is obesrvation evidence of a Constitutinal Dimension. Without
these witnesses my attorneys had no way to verify the truth of
my Expert Psychologist and for the jury to disbelive the states
expert tnat I was feigning my symptoms. Clark V, Arizona 126S.Ct.2709(2006)
I also ask the Court in considering my PDR to Grant relief
of Ufehw^Sonf
ot life th6r