PETITION FOR DISCRETIONARY REVIEW

Appellant was convicted of murder. The jury assessed his punishment at confinement for life, and a fine of $10,000. The Court of Appeals affirmed the conviction. Capps v. State, ___S.W.3d___ (Tex. App. -- Fort Worth, No. 02-05-00175-CR, delivered December 6, 2007). Appellant's petition for discretionary review was dismissed as untimely filed on March 12, 2008. 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 petition filed on March 7, 2008, is reinstated as of April 30, 2008, and will be considered in accord with Tex.R.App.P. 68.

Delivered April 30, 2008

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