IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0160-11

OCTAVE DWAYNE DIES, Appellant v. THE STATE OF TEXAS ON REHEARING OF APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE NINTH COURT OF APPEALS JEFFERSON COUNTY Per curiam.

OPINION

Appellant was convicted of theft and was sentenced to confinement for two years in a state jail facility. The Court of Appeals affirmed the conviction. Dies v. State, (Tex. App. — Beaumont, No. 09-10-00158-CR, delivered December 22, 2010).

Appellant’s petition for discretionary review was dismissed as untimely filed on March 2, 2011. Appellant has filed a motion for rehearing requesting reinstatement of his petition Dies - 2 so that it will be considered by this Court. Appellant’s motion for rehearing is granted.

His original petition filed on February 2, 2011, is reinstated as of April 13, 2011, and will be considered in accord with Tex.R.App.P. 68.

Delivered April 13, 2011 Do not publish