Allen v. State

Full title: Michael Ray ALLEN, Appellant, v. The STATE of Texas, Appellee

Court: Court of Criminal Appeals of Texas, En Banc

Date published: Sep 14, 1983

659 S.W.2d 410 (Tex. Crim. App. 1983)

Opinion

No. 076-83.

September 14, 1983. Discretionary Review Granted March 16, 1983.

Appeal from the 183rd Judicial District Court, Harris County; Joseph M. Guarino, Judge.

Gerald E. Hopkins, Houston, for appellant.

John B. Holmes, Jr., Dist. Atty. Winston E. Cochran, Jr., and Ned Morris, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty. and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

Appellant was convicted of the offense of attempted capital murder and punishment was assessed at imprisonment in the Texas Department of Corrections for 55 years. Appellant's conviction was reversed and remanded in a published opinion delivered by the Court of Appeals. Allen v. State, 657 S.W.2d 815 (Tex.App. — Houston (1st) 1982).

It now appears that the decision to grant the State's petition for discretionary review was improvident. Tex.Cr.App.R. 304(k); Art. 44.45(b)(6) and (7), V.A.C.C.P. See Hanna v. State, 632 S.W.2d 151 (Tex.Cr.App. 1982).

The State's petition for discretionary review is dismissed.