IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1123-08

JEFFREY DANIEL HUGHEN, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE SIXTH COURT OF APPEALS

FANNIN COUNTY

                        Per curiam. Keasler, and Hervey, JJ., dissent.

O R D E R

           The petition for discretionary review violates Rule of Appellate Procedure 68.5 because the petition exceeds 15 pages.

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

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

Delivered: December 17, 2008

Do Not Publish