McClarity, Kristopher Joseph

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

---

NO. PD-1763-08

---

KRISTOFFER J. McCLARITY, Appellant

v.

THE STATE OF TEXAS

---

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE FIFTH COURT OF APPEALS

DALLAS COUNTY

---

                        Per curiam. Keasler, and Hervey, JJ., dissent.

O R D E R

           The petition for discretionary review violates Rule of Appellate Procedure 68.5 because the petition exceeds 15 pages.

           The petition is struck. See Rule of Appellate Procedure 68.6.

           The petitioner may redraw the petition. The redrawn petition and copies must be filed in the Court of Criminal Appeals within thirty days after the date of this order.

En banc.

Delivered: April 29, 2009

Do Not Publish