Dominguez, Jose Ybarra

• Court: Court of Criminal Appeals of Texas
• Decided: May 25, 2005
• Docket: PD-1474-04
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

 

NO. PD-1474-04

 

JOSE YBARRA DOMINGUEZ, Appellant

v.

THE STATE OF TEXAS

 

ON REHEARING OF APPELLANT'S

PETITION FOR DISCRETIONARY REVIEW

FROM THE EIGHTH COURT OF APPEALS

PECOS COUNTY

 

Per curiam.

O P I N I O N

            Appellant was convicted of capital murder and sentenced to confinement for life. The Court of Appeals affirmed the conviction. Dominguez v. State, No. 08-98-00224-CR (Tex. App. -- El Paso, delivered July 19, 2001, no pet.). This Court granted Appellant leave to file an out-of-time petition for discretionary review. Ex parte Dominguez, No. AP-74,975 (Tex. Crim. App., delivered July 28, 2004). Appellant's petition was dismissed as untimely filed on March 2, 2005. 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 2, 2005, is reinstated as of May 4, 2005, and will be considered in accord with Tex.R.App.P. 68.

Delivered May 25, 2005

Do not publish