Miller, Allen Roy

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

---

NO. PD-0086-09

---

ALLEN ROY MILLER, Appellant

v.

THE STATE OF TEXAS

---

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE FOURTEENTH COURT OF APPEALS

HARRIS COUNTY

---

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

O R D E R

           The petition for discretionary review violates Rule of Appellate Procedure 68.4(i) because it does not contain a copy of the opinion of the court of appeals.

           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: February 11, 2009

Do Not Publish