IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1123-08

JEFFERY DANIEL HUGHEN, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE SIXTH COURT OF APPEALS

FANNIN COUNTY

                      Per Curiam.

                                                              O R D E R

           The Court grants review on its own motion of the following question:

Was Appellant's waiver of counsel during police interrogation valid when he had previously invoked his right to counsel at the time he was brought before a magistrate?

           No briefing will be permitted. This case will be consolidated with Hughen, NO. PD-1124-08.

           The Clerk of this Court will send copies of this order to the Court of Appeals for the Sixth District, the State Prosecuting Attorney, the District Attorney for Fannin County, and Appellant.

En Banc

Entered April 22, 2009

Do Not Publish