Court of Criminal Appeals of Texas, 1983

Allen v. State of Texas

Allen v. State of Texas
Court of Criminal Appeals of Texas · Decided September 14, 1983
659 S.W.2d 410; 1983 Tex. Crim. App. LEXIS 1147 (South Western Reporter, Second Series)

Allen v. State of Texas

Opinion of the Court

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was convicted of the offense of attempted capital murder and punishment was assessed at imprisonment in the Texas Department of Corrections for 55 years. Appellant’s conviction was reversed and remanded in a published opinion delivered by the Court of Appeals. Allen v. State, 657 S.W.2d 815 (Tex.App. — Houston (1st) 1982).

It now appears that the decision to grant the State’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 State’s petition for discretionary review is dismissed.

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