Tex. R. App. P. 66.3

While neither controlling nor fully measuring the

Court of Criminal Appeals' discretion, the following

will be considered by the Court in deciding whether to

grant discretionary review:

(a) whether a court of appeals' decision conflicts

with another court of appeals' decision on the

same issue;

(b) whether a court of appeals has decided an

important question of state or federal law that

has not been, but should be, settled by the

Court of Criminal Appeals;

(c) whether a court of appeals has decided an

important question of state or federal law in a

way that conflicts with the applicable

decisions of the Court of Criminal Appeals or

the Supreme Court of the United States;

(d) whether a court of appeals has declared a

statute, rule, regulation, or ordinance

unconstitutional, or appears to have

misconstrued a statute, rule, regulation, or

ordinance;

(e) whether the justices of a court of appeals

have disagreed on a material question of law

necessary to the court's decision; and

(f) whether a court of appeals has so far departed

from the accepted and usual course of judicial

proceedings, or so far sanctioned such a

departure by a lower court, as to call for an

exercise of the Court of Criminal Appeals'

power of supervision.