Case Information
*1 IN THE COURT OF CRIMINAL APPEALS
OF TEXAS NO. AP-77,038 US CARNELL PETETAN, JR., Appellant v.
THE STATE OF TEXAS ON REHEARING UPON COURT’S OWN MOTION FROM CAUSE NO. 2012-2331-C1 IN THE 19TH DISTRICT COURT
McLENNAN COUNTY K ELLER , P.J., filed a dissenting opinion in which K EASLER and H ERVEY , JJ., joined.
Appellant has filed a motion for rehearing, but it does not raise a claim based upon Moore v. Texas , and it does not make any claim relating to the Briseno factors—despite the fact that Moore [1]
was decided shortly after we handed down our opinion in this case. In our opinion, we made a point of saying that appellant’s mental retardation claim would fail even without considering the Briseno factors. Given that fact and appellant’s decision not to raise Moore or Briseno , I see no reason to [2]
grant rehearing on our own motion. I respectfully dissent.
Filed: October 18, 2017
Do not publish
[1] 137 S. Ct. 1039 (2017).
[2] Petetan v. State , No. AP-77,038, 2017 Tex. Crim. App. LEXIS 286, *15 n.30, *76-78, 82 (Tex. Crim. App. March 8, 2017).