IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0824-08

JERRY L. KING, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE TENTH COURT OF APPEALS

ELLIS COUNTY

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

O R D E R

           The petition for discretionary review violates Rule of Appellate Procedure 68.4(i) because it 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 and copies must be filed in the Court of Criminal Appeals within thirty days after the date of this order.

En banc.

Delivered: October 1, 2008

Do Not Publish.