NO. 07-10-0192-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

AUGUST 11, 2010

______________________________

OLIVIA REYES TIENDA, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2009-422,182; HONORABLE CECIL G. PURYEAR, JUDGE

_______________________________

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

ORDER ON MOTION TO REINSTATE APPEAL

            Following a plea of not guilty, Appellant, Olivia Reyes Tienda, was convicted of credit card or debit card abuse, a state jail felony.^[1]  Punishment was assessed at twenty-four months confinement.  By this accelerated appeal, Appellant is challenging the trial court's order denying her bail pending appeal.^[2]  By opinion dated July 19, 2010, this Court dismissed this appeal as moot after having dismissed Appellant's direct appeal for an untimely filed notice of appeal.  See Tienda v. State, No. 07-10-0257-CR.  We now grant the motion and reinstate this appeal, withdraw our opinion and judgment of July 19, 2010, and issue the following order.

It having come to the attention of this Court that Appellant did file a Motion for New Trial making her notice of appeal in Cause Number 07-10-027-CR timely, by order dated this same date, we reinstated Appellant's direct appeal.  We now reinstate this accelerated appeal from the trial court' order denying bail.  The record has been filed and Appellant's brief was filed on June 30, 2010.  The court hereby sua sponte grants the State an extension of time in which to file its brief to August 23, 2010.

It is so ordered.

                                                                        Per Curiam

Do not publish.