IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1697-10

TED H. ROBERTS, Appellant v. THE STATE OF TEXAS ON REHEARING OF APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE FOURTH COURT OF APPEALS BEXAR COUNTY Per curiam.

OPINION

Appellant was convicted of three counts of theft and sentenced to confinement for five years. The trial court granted shock probation. The Court of Appeals dismissed Appellant’s appeal for lack of jurisdiction. Roberts v. State, (Tex. App. — San Antonio, No. 04-10-00558-CR, delivered November 10, 2010). Appellant’s petition for discretionary review was dismissed as untimely filed on April 13, 2011. Appellant has Roberts - 2 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 is reinstated as of May 25, 2011 and will be considered in accord with Tex.R.App.P. 68.

Appellant must file copies of his petition for discretionary review with this Court within days of the date of this opinion. See Tex.R.App.P. 9.3(b).

Delivered May 25, 2011 Do not publish