Clay, Willie Allen

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1370-05 WILLIE ALLEN CLAY, Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FIRST COURT OF APPEALS

HARRIS COUNTY

Per Curiam.

O R D E R

The Court grants discretionary review on the ground raised in the State's petition. In addition, the Court grants review on its own motion and would request briefing from the parties on the following question:

What is the proper test for analyzing harm when considering the effects of the erroneous admission of evidence barred by Crawford v. Washington?

The Clerk of this Court will send copies of this order to the Court of Appeals for the First District, the State Prosecuting Attorney, the District Attorney for Harris County, and Appellant.

En Banc

Entered February 1, 2006

Do Not Publish