Smith, Sherry Lynn

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0298-09 SHERRY LYNN SMITH, Appellant

v.

THE STATE OF TEXAS

ON STATE'S PETITION FOR DISCRETIONARY REVIEW

FROM THE THIRTEENTH COURT OF APPEALS

GRIMES COUNTY

Per curiam.

O R D E R

In addition to the grounds for review presented in the State's Petition for Discretionary Review, the Court grants discretionary review on its own motion and would request briefing from the parties on the following question:

What is the appropriate remedy if a court of appeals finds insufficient evidence to corroborate accomplice witness testimony?

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

En Banc.

Entered January 13, 2010.

Do Not Publish