IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1766-08

RUDY OLIVARES, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE SEVENTH COURT OF APPEALS

LUBBOCK COUNTY

                        Per curiam. KEASLER, and HERVEY, J.J., dissent.

O R D E R

           The petition for discretionary review violates Rule of Appellate Procedure 68.5 because 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.

En banc.

Delivered April 29, 2009

Do Not Publish.