Leavitt, David Daniel ( 2008 )

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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PD NO. 0763-08

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DAVID DANIEL LEAVITT, Appellant

v.

THE STATE OF TEXAS

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ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

FROM THE FIFTH COURT OF APPEALS

COLLIN COUNTY

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

ORDER

           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 of Texas within thirty (30) days after the date of this order.

En banc.

Delivered: September 10, 2008

Do Not Publish.