OCTAVE DWAYNE DIES v. THE STATE OF TEXAS (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



NO. PD-0160-11

OCTAVE DWAYNE DIES, Appellant

v.



THE STATE OF TEXAS



ON REHEARING OF APPELLANT'S

PETITION FOR DISCRETIONARY REVIEW

FROM THE NINTH COURT OF APPEALS

JEFFERSON COUNTY

Per curiam.

O P I N I O N





Appellant was convicted of theft and was sentenced to confinement for two years in a state jail facility. The Court of Appeals affirmed the conviction. Dies v. State, (Tex. App. -- Beaumont, No. 09-10-00158-CR, delivered December 22, 2010). Appellant's petition for discretionary review was dismissed as untimely filed on March 2, 2011. Appellant has filed a motion for rehearing requesting reinstatement of his petition so that it will be considered by this Court. Appellant's motion for rehearing is granted. His original petition filed on February 2, 2011, is reinstated as of April 13, 2011, and will be considered in accord with Tex.R.App.P. 68.



Delivered April 13, 2011

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