Tutt, James David

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

NO. PD-0522-11

JAMES DAVID TUTT, Appellant v.

THE STATE OF TEXAS

ON REHEARING OF APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE SIXTH COURT OF APPEALS NACOGDOCHES COUNTY

Per curiam.

OPINION

Appellant was convicted of the felony offense of driving while intoxicated and was sentenced to confinement for forty years. The Court of Appeals affirmed the conviction. Tutt v. State, ___S.W.3d___ (Tex. App. — Texarkana, No. 06-10-00183-CR, delivered March 11, 2011). Appellant’s petition for discretionary review was dismissed as untimely filed on August 24, 2011. Appellant has filed a motion for rehearing requesting reinstatement of his petition so that it will be considered by this Court. Appellant’s motion for rehearing is

Tutt - 2

granted. His petition for discretionary review received in this Court on July 29, 2011, is filed as of October 19, 2011, and will be considered in accord with Tex.R.App.P. 68. (But see order striking petition).

Delivered October 19, 2011 Do not publish