IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1261-10

TIMOTHY OWEN BAILEY, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE THIRD COURT OF APPEALS

TRAVIS 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 (b) and 68.4(i) because the original petition is not accompanied by 11 copies and 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 Appeals within thirty days after the date of this order.

En banc.

Delivered October 13, 2010

Do Not Publish.