IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-77,038

US CARNELL PETETAN, JR., Appellant

v.

THE STATE OF TEXAS

ON REHEARING UPON COURT’S OWN MOTION

FROM CAUSE NO. 2012-2331-C1 IN THE 19TH DISTRICT COURT

McLENNAN COUNTY

K ELLER, P.J., filed a dissenting opinion in which K EASLER and H ERVEY, JJ., joined.

Appellant has filed a motion for rehearing, but it does not raise a claim based upon Moore v. Texas,1 and it does not make any claim relating to the Briseno factors—despite the fact that Moore was decided shortly after we handed down our opinion in this case. In our opinion, we made a point of saying that appellant’s mental retardation claim would fail even without considering the Briseno factors.2 Given that fact and appellant’s decision not to raise Moore or Briseno, I see no reason to grant rehearing on our own motion. I respectfully dissent. Filed: October 18, 2017 Do not publish

1

137 S. Ct. 1039 (2017).

2

Petetan v. State, No. AP-77,038, 2017 Tex. Crim. App. LEXIS 286, *15 n.30, *76-78, 82 (Tex. Crim. App. March 8, 2017).