NO. PD-0929-09

JAMES WILEY BARNES, III, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE TENTH COURT OF APPEALS

McLENNAN COUNTY

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

ORDER

           The petition for discretionary review violates Rules of Appellate Procedure 9.3 and 68.4(i), because the original petition is not accompanied by 11 copies and the petition 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.

Delivered: August 19, 2009

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