NO. 07-11-0248-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL E

AUGUST 23, 2011

______________________________

DIMAS MORENO, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 137^TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2010-426,193; HONORABLE JOHN J. MCCLENDON III, JUDGE

_______________________________

Before QUINN, C.J., and PIRTLE, J., and BOYD, S.J.[1]

ORDER REINSTATING APPEAL

            By opinion and judgment dated July 26, 2011, this Court dismissed Appellant's appeal for want of jurisdiction on the ground that he had failed to timely file a notice of appeal.  On the limited documents that were on file at the time, this Court found that Appellant had been sentenced on April 21, 2011, as reflected in the Docketing Statement filed, and that his Notice of Appeal filed June 22, 2011, was, therefore, untimely.  It has now come to the attention of this Court that, while Appellant did enter his plea of guilty on April 21, 2011, he was not formally sentenced by the trial court until May 31, 2011.  Therefore, Appellant's notice of appeal was timely filed.  Tex. R. App. P. 26.2(a)(1).

Conclusion

            Accordingly, in the interest of justice, we withdraw our opinion and judgment of July 26, 2011, and reinstate Appellant's appeal.  Because the Reporter's Record has yet to be filed, all briefing deadlines will be in accordance with the applicable rules of appellate procedure.  See Tex. R. App. P. 38.6.

            It is so ordered.

                                                                                    Per Curiam