Thurston, George Anthony

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1316-14

GEORGE ANTHONY THURSTON, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE SECOND COURT OF APPEALS TARRANT COUNTY

P ER CURIAM. K ELLER, P.J., filed a concurring opinion in which J OHNSON and R ICHARDSON, JJ., joined.

OPINION

We granted appellant’s petition for discretionary review to determine the definition

of “pending” in Penal Code § 37.09(a)(1), the tampering with evidence statute. Having

examined the record and briefs, we conclude that our decision to grant review was

improvident. We therefore dismiss appellant’s petition for discretionary review as

improvidently granted.

Delivered: July 1, 2015 Publish