Newby, Robbie Lynn

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-1990-06 ROBBIE LYNN NEWBY, Appellant

v.

THE STATE OF TEXAS

ON REHEARING OF APPELLANT'S

PETITION FOR DISCRETIONARY REVIEW

FROM THE SIXTH COURT OF APPEALS

WOOD COUNTY

Per curiam.

O P I N I O N

Appellant was convicted of possession of marihuana in an amount greater than four ounces, but less than five pounds. The trial court assessed his punishment at confinement for ten years and a fine of $1,000. The Court of Appeals affirmed the conviction. Newby v. State, 169 S.W.3d 413 (Tex. App. -- Texarkana 2005). Appellant's petition for discretionary review was struck for non-compliance with the Texas Rules of Appellate Procedure on April 25, 2007. See Tex.R.App.P. 68.4(i). Appellant has filed a motion for rehearing requesting this Court to consider his original petition for discretionary review along with the court of appeals' opinion, as the redrawn petition, due to circumstances beyond his control that prevent his copying and filing another petition. Appellant's motion for rehearing is granted. His redrawn petition will be filed on June 6, 2007, and will be considered in accord with Tex.R.App.P. 68.

Delivered June 6, 2007

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