Janson Michael Durney v. State

Opinion

In The

Court of Appeals

Ninth District of Texas at Beaumont

_________________

NO. 09-12-00307-CR

_________________

JANSON MICHAEL DURNEY, Appellant V.

THE STATE OF TEXAS, Appellee

________________________________________________________________________

On Appeal from the County Court at Law No. 5 Montgomery County, Texas

Trial Cause No. 11-272011

________________________________________________________________________

ORDER

On October 3, 2012, we dismissed this appeal for want of prosecution. See Tex.

R. App. P. 42.3. The appellant subsequently filed a motion for rehearing, and the appellee filed a response. See Tex. R. App. P. 49.2. The clerk’s record was filed on December 10, 2012.

The motion for rehearing filed by the appellant on October 19, 2012 is granted.

Tex. R. App. P. 49.3. We withdraw our Opinion of October 3, 2012, and vacate the judgment entered thereon the same date. We reinstate the appeal on the Court’s docket. The appellant’s brief is due on or before January 14, 2013.

2

ORDER ENTERED December 13, 2012.

PER CURIAM

Before McKeithen, C.J., Gaultney and Kreger, JJ.