IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1316-14

GEORGE ANTHONY THURSTON, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS TARRANT COUNTY P ER CURIAM. K ELLER, P.J., filed a concurring opinion in which J OHNSON and R ICHARDSON, JJ., joined.

OPINION We granted appellant’s petition for discretionary review to determine the definition of “pending” in Penal Code § 37.09(a)(1), the tampering with evidence statute. Having examined the record and briefs, we conclude that our decision to grant review was improvident. We therefore dismiss appellant’s petition for discretionary review as improvidently granted.

Delivered: July 1, 2015 Publish