RECEIVER OCT 28 20« Lisa Matt: dark, 5th District

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1094-13

JOHN MARTIN FIALA Appellant v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW FROM THE FIFTH COURT OF APPEALS DALLAS COUNTY

PER curiam. KEASLER and HERVEY, JJ., dissent.

ORDER

The petition for discretionary review violates Rule of Appellate Procedure 68.4(i), because the petition does not contain a copy of the opinion of the court of appeals.

The petition is struck. See Rule of Appellate Procedure 68.6.

Thepetitionermayredrawthe petition. The redrawnpetitionand copiesmustbe filed in the Court of Criminal Appeals within thirty days after the date of this order.

Filed: October 23, 2013 Do Not Publish OFFICIAL BUSINESS STATE OF TEXAS MTNIV BOWES PENALTY FOR o PRIVATE USE ir $ 00.384 P.O. BOX 12308, CAPITOL STATION 0006557458 OCT24 2013 O.U. MAILED FROM ZIPCODE 78 701 AUSTIN, TEXAS 78711 PD-1094-13 5TH COURT OF APPEALS CLERK LISA MATZ COMMERCE 2ND FLOOR DALLAS TX 75202

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