Dunigan, David Duane

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0481-11 DAVID DUANE DUNIGAN, Appellant

v.

THE STATE OF TEXAS

ON REHEARING OF APPELLANT'S

PETITION FOR DISCRETIONARY REVIEW

FROM THE TENTH COURT OF APPEALS

ELLIS COUNTY

Per curiam.

O P I N I O N

Appellant was convicted of evading arrest and was sentenced to confinement for twenty years. The Court of Appeals affirmed the conviction. Dunigan v. State, (Tex. App. -- Waco, No. 10-10-00043-CR, delivered March 2, 2011). Appellant's petition for discretionary review was dismissed as untimely filed on August 24, 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 petition filed in this Court on August 12, 2011, is reinstated as of October 19, 2011, and will be considered in accord with Tex.R.App.P. 68.

Delivered October 19, 2011

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