IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0774-09

JOE N. DANIEL Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE SEVENTH COURT OF APPEALS

POTTER COUNTY

                        Per curiam. Keasler, and Hervey, J.J., 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 must be filed in the Court of Criminal Appeals within thirty days after the date of this order.

En banc.

Delivered October 21, 2009

Do Not Publish.