NO. PD-1046-08

MICHAEL KAISER, 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 68.5, 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.

Filed: November 5, 2008

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