Ebony Living v. State

• Court: Court of Appeals of Texas
• Decided: September 18, 2014
• Docket: 09-14-00247-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ____________________

NO. 09-14-00247-CR ____________________

EBONY LIVING, Appellant

V.

THE STATE OF TEXAS, Appellee __________________________________________________________________

On Appeal from the County Court at Law No. 2 Jefferson County, Texas Trial Cause No. 293812 __________________________________________________________________

ORDER

On July 9, 2014, we dismissed this appeal as untimely filed because

according to the file-stamped notice in the clerk’s record, it appeared the notice of

appeal was untimely. See Tex. R. App. P. 26.2(a)(1). Appellant Ebony Living

subsequently filed a motion for rehearing, arguing that counsel filed a notice of

appeal with the trial court but the notice was not file stamped and filed into the

record at that time. On July 24, 2014, we ordered the trial court to hold a hearing to

1 determine whether Living’s counsel filed the notice of appeal within the time

permitted for perfecting the appeal.

After holding the hearing, the trial court found that the notice of appeal filed

by Living, by and through her attorney of record, was timely filed. This Court

requested a response from the State to Living’s motion for rehearing, but none was

filed.1 See Tex. R. App. P. 49.2.

The motion for rehearing filed by Living on July 16, 2014, is granted. See

Tex. R. App. P. 49.3. We withdraw our opinion of July 9, 2014, and vacate the

judgment entered thereon the same date. We reinstate the appeal on the Court’s

docket. The reporter’s record is due on or before October 20, 2014.

ORDER ENTERED September 18, 2014.

PER CURIAM

Before McKeithen, C.J., Horton and Johnson, JJ.

1 At the hearing, counsel for the State indicated to the trial judge that he has “known [Living’s counsel] for many, many years; and I have no reason to doubt his credibility.” 2