IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1006-09

SAMMY WAYNE EMERY Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE ELEVENTH COURT OF APPEALS

MIDLAND COUNTY

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

O R D E R

           The petition for discretionary review violates Rule of Appellate Procedure 9.3, 68.4(i) and 68.5 because the original petition is not accompanied by 11 copies, the petition does not contain a copy of the opinion of the court of appeals and 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 16, 2009

Do Not Publish.