Court of Criminal Appeals of Tennessee, 1983

Burkhalter v. State

Burkhalter v. State
Court of Criminal Appeals of Tennessee · Decided June 29, 1983 · Clinton, Teague
655 S.W.2d 208; 1983 Tex. Crim. App. LEXIS 1097 (South Western Reporter, Second Series)

Burkhalter v. State

Opinion of the Court

OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was convicted of the offense of attempted murder and punishment was assessed at imprisonment in the Texas Department of Corrections for ten years. Appellant’s conviction was affirmed in a published opinion delivered by the Court of *209Appeals, Burkhalter v. State, 655 S.W.2d 215 (Tex.App. — Corpus Christi [13th] 1982).

It now appears that the decision to grant the appellant’s petition for discretionary review was improvident. Tex.Cr.App.R. 304(k); Art. 44.45(b)(6) and (7), V.A.C.C.P. See Hanna v. State, 632 S.W.2d 151 (Tex.Cr.App. 1982).

The appellant’s petition for discretionary review is dismissed.

CLINTON and TEAGUE, JJ., dissent.

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