Kirby, Rogelio ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

---

NO. PD-1622-10

---

ROGELIO KIRBY, Appellant v.

THE STATE OF TEXAS

---

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW FROM THE THIRTEENTH COURT OF APPEALS NUECES 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.

Filed: December 15, 2010

Do Not Publish