We granted appellant's petition for discretionary review to determine whether the court of appeals erred in finding the evidence to be legally sufficient to support an habitual offender enhancement allegation under Texas Penal Code §12.42(d). ⁽¹⁾ After reading the briefs and examining the record, we have concluded that our decision to grant review was improvident.

Appellant's petition is therefore dismissed.

Delivered: October 18, 2006

Do not publish

1. Howell v. State, No. 06-03-00031-CR, 2005 Tex. App. LEXIS 5272, at 4 (Tex. App.-Texarkana, July 8, 2005)(not designated for publication).