FROM THE TWELFTH COURT OF APPEALS

SMITH COUNTY

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

ORDER

The petition for discretionary review violates Rules of Appellate Procedure 9.3 & 68.4(i) because the original petition is not accompanied by 11 copies, and the original 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.

The petitioner may redraw the petition. The redrawn petition must be filed in the Court of Criminal Appeals within thirty days after the date of this order.

En banc

Delivered: June 6, 2007.

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