NO. PD 1065-08

LEDALE DEQUAN KELLEY, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE TWELFTH COURT OF APPEALS

SMITH COUNTY

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

ORDER

           The petition for discretionary review violates Rule of Appellate Procedure 9.3(b), because the original petition is not accompanied by eleven (11) copies.

           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 of Texas within thirty (30) days after the date of this order.

En banc.

Delivered: September 10, 2008.

Do Not Publish.