IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0849-11

DEL RAY SANDERS, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE NINTH COURT OF APPEALS POLK COUNTY P ER CURIAM. K ELLER, P.J., filed a dissenting opinion in which W OMACK and J OHNSON, JJ., joined. J OHNSON, J., filed a dissenting opinion in which K ELLER, P.J., joined.

We have determined that our decision to grant the appellant’s petition was improvident. Therefore, the petition is dismissed.

Delivered: April 4, 2012 Do not publish