Olivia Reyes Tienda v. State

Opinion

NO. 07-10-0257-CR

IN THE COURT OF APPEALS

FOR THE SEVENTH DISTRICT OF TEXAS

AT AMARILLO

PANEL C

AUGUST 11, 2010

______________________________

OLIVIA REYES TIENDA, APPELLANT

V.

THE STATE OF TEXAS, APPELLEE

_________________________________

FROM THE 137TH DISTRICT COURT OF LUBBOCK COUNTY;

NO. 2009-422,182; HONORABLE BRADLEY UNDERWOOD, JUDGE

_______________________________

Before QUINN, C.J., and HANCOCK and PIRTLE, JJ.

ORDER ON MOTION TO REINSTATE APPEAL

            Following a plea of not guilty, Appellant, Olivia Reyes Tienda, was convicted of credit card or debit card abuse, a state jail felony.^[1]  Punishment was assessed at twenty-four months confinement.  By opinion dated July 19, 2010, this Court dismissed Appellant's appeal because the limited documents before this Court reflected that the notice of appeal was untimely. Specifically, nothing in this Court's file reflected that a Motion for New Trial had been filed^[2] which would have extended the time in which to file the notice of appeal.  Having now confirmed that a Motion for New Trial was timely filed, we grant Appellant's motion and reinstate this appeal.  In so doing, we withdraw our original opinion and judgment of July 19, 2010, and issue the following order explaining our rationale for reinstating the appeal.

            Appellant's sentence was imposed on April 1, 2010, and a motion for new trial was filed on April 23, 2010, thereby extending the time in which to file a notice of appeal to June 30, 2010.  See Tex. R. App. P. 26.2(a)(1).  The notice filed on June 25, 2010 is timely to invoke this Court's jurisdiction.  The clerk's record and reporter's record are due on September 10, 2010.

            It is so ordered.

                                                                                    Per Curiam

Do not publish.

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^[1]Tex. Penal Code Ann. § 32.31 (Vernon Supp. 2009).

^[2]The docketing statement does not reflect that a Motion for New Trial was filed and the Criminal Appeal Certificate filed by the Lubbock County District Clerk reflects that no Motion for New Trial was filed.