Capps, Hardy Don

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0332-08 HARDY DON CAPPS, Appellant

v.

THE STATE OF TEXAS

ON REHEARING OF APPELLANT'S

PETITION FOR DISCRETIONARY REVIEW

FROM THE SECOND COURT OF APPEALS

JACK COUNTY

Per curiam.

O P I N I O N

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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