IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1252-15

RODNEY WAYNE ALLEN, Appellant v. THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTEENTH COURT OF APPEALS HARRIS COUNTY P ER C URIAM.

OPINION After a jury trial, Appellant was convicted of murder. The trial court assessed his punishment at forty-five years in the penitentiary. On appeal, Appellant argued that the trial court erred to exclude evidence which he contended was relevant to his claim of self-defense.

The court of appeals rejected his claims, partly on the basis of procedural default and partly on the merits. Allen v. State, 473 S.W.3d 426 (Tex. App.—Houston [14th Dist.] 2015). We granted discretionary review in order to examine the rulings of the court of appeals. Having Allen — 2 examined the record and the briefs, we have determined that our decision to grant review was improvident. Accordingly, we dismiss Appellant’s petition for discretionary review as improvidently granted.

DELIVERED: April 12, 2017 PUBLISH