CAHILL, DAVID WAYNE Appeal from 380th District Court of Collin County (original per curiam)

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0805-16 DAVID WAYNE CAHILL, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE FIFTH COURT OF APPEALS COLLIN COUNTY Per curiam. K ELLER, P.J., dissented. OPINION We granted the State Prosecuting Attorney’s petition for discretionary review to review the court of appeals’ judgment holding the trial judge abused his discretion in overruling David Cahill’s motion for new trial that alleged a violation of Texas Code of Criminal Procedure Article 51.14, also known as the Interstate Agreement on Detainers Act. Having examined the record and briefs and listened to the parties’ arguments, we conclude that our decision to grant review was improvident. We therefore dismiss the State’s petition CAHILL—2 for discretionary review as improvidently granted. DELIVERED: May 17, 2017 DO NOT PUBLISH

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