Judge Cochran's opinion makes a number of valid points. Those who draft petitions for discretionary review would do well to comply with the rules of appellate procedure and the dictates of Degrate v. State ⁽¹⁾ in order to avoid the possibility that an insufficient petition will impede or prevent review of the issues in the case.

Nevertheless, I would point out that noncompliance does not automatically preclude the Court or a judge from reviewing the merits of a petition. When the merits of a petition are presented sufficiently, I do not vote to refuse for noncompliance. In this case my decision to refuse review is based upon the merits of the petition.

KELLER, Presiding Judge

Date filed: November 12, 2003

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1. 712 S.W.2d 755 (Tex. Crim. App. 1986).