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,1 and it does not make any claim relating to the Briseno factors—despite the fact that Moore
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.2 Given that fact and appellant’s decision not to raise Moore or Briseno, I see no reason to
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Do not publish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).