Court of Criminal Appeals of Texas, 2011

Dies, Octave Dwayne

Dies, Octave Dwayne
Court of Criminal Appeals of Texas · Decided April 13, 2011

Dies, Octave Dwayne

Opinion













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.

O P I N I O N





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 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

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