490 U.S. 754

109 S.Ct. 2180

104 L.Ed.2d 834

Phillip D. TOMPKINS, Petitioner,
v.
TEXAS.

No. 87-6405.

June 5, 1989.

Rehearing Denied Aug. 11, 1989.

See 492 U.S. 933, 110 S.Ct. 16.

On Writ of Certiorari to the Court of Criminal Appeals of Texas.

Case below, Tex.Cr.App., 774 S.W.2d 195.

PER CURIAM.

1

The judgment below is affirmed by an equally divided Court.

2

Justice O'CONNOR took no part in the consideration or decision of this case.