Whatley, Sheldon

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. PD-0295-09

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SHELDON WHATLEY, Appellant

v.

THE STATE OF TEXAS

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ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE THIRTEENTH COURT OF APPEALS

NUECES COUNTY

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

ORDER

           The petition for discretionary review violates Rule of Appellate Procedure 9.3(b), because the original petition is not accompanied by eleven (11) copies.

            The petition also violates Rule of Appellate Procedure 68.4(i), because it does not contain a complete 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 of Texas within thirty (30) days after the date of this order.

En banc.

Delivered: June 10, 2009.

Do Not Publish.