Ex Parte Jolando King

Opinion

TEXAS COURT OF APPEALS, THIRD DISTRICT, AT AUSTIN

ON REHEARING

NO. 03-18-00062-CR

Ex parte Jolando King

FROM THE 450TH DISTRICT COURT OF TRAVIS COUNTY NO. D-1-DC-16-201710, THE HONORABLE BRAD URRUTIA, JUDGE PRESIDING

ORDER

PER CURIAM We withdraw the opinion and judgment dated March 7, 2018, reinstate the appeal, and substitute the following order in their place.

In our prior opinion, we dismissed the appeal for want of jurisdiction because it appeared untimely. The deadline for King to file his notice of appeal accompanied by a motion for extension of time was January 26, 2018. See Tex. R. App. P. 26.3. It initially appeared that King did not file his motion for extension of time to file his notice of appeal until January 30, 2018, although his notice of appeal was filed in the trial court on January 26, 2018. It has come to the Court’s attention that King initially filed his motion for extension of time in this Court on January 26, 2018, without a notice of appeal. His notice of appeal was filed in this Court on January 29, 2018, and he subsequently refiled his motion for extension of time on January 30, 2018. Because his motion for extension of time was initially timely filed in this Court, and his

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notice of appeal was filed in the trial court within 15 days of his deadline for filing the notice of appeal, we now grant the motion for extension of time to file the notice of appeal. See id.

It is so ordered March 8, 2018.

Before Justices Puryear, Pemberton, and Bourland Do Not Publish