Opinion filed May 18, 2006

                                                                        In The

    Eleventh Court of Appeals

                                                                   __________

                                                          No. 11-06-00079-CR

                                                    __________

                                 PHILLIP SHER WALKER, Appellant

                                                             V.

                                        STATE OF TEXAS, Appellee

                                         On Appeal from the 266th District Court

                                                           Erath County, Texas

                                                Trial Court Cause No. CR 12046

                                 O P I N I O N   G R A N T I N G   R E H E A R I N G

The appeal was dismissed for want of jurisdiction because the record reflected that the motion for new trial was not timely filed and that, therefore, the notice of appeal was not timely filed.  Appellant has timely filed in this court a motion for rehearing.  Appellant has attached to his motion proof that the motion for new trial was timely mailed pursuant to Tex. R. App. P. 9.2(b). Therefore the  motion for new trial was timely, the notice of appeal is timely, and an appeal has been properly perfected.

The motion is granted.  The reporter=s record is now due to be filed in this court on or before June 30, 2006.

PER CURIAM

May 18, 2006

Do not publish.  See Tex. R. App. P. 47.2(b).

Panel consists of:  Wright, C.J., and

McCall, J., and Strange, J.