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Allred v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Nov 30, 2022
No. 13-22-00524-CR (Tex. App. Nov. 30, 2022)

Opinion

13-22-00524-CR

11-30-2022

MATTHEW ANDREW ALLRED, Appellant, v. THE STATE OF TEXAS, Appellee.


Do not publish. Tex.R.App.P. 47.2 (b).

On appeal from the 443rd District Court of Ellis County, Texas.

Before Justices Longoria, Hinojosa, and Silva, J.

ORDER

PER CURIAM.

On November 10, 2022, this Court dismissed appellant Matthew Andrew Allred's attempts to appeal convictions for two counts of aggravated sexual assault of a child on grounds that appellant's notice of appeal was untimely. See Allred v. State, No. 13-22-00524-CR, 2022 WL 16842921, at *1-2 (Tex. App.-Corpus Christi-Edinburg Nov. 10, 2022, 1 no pet. h.) (mem. op., not designated for publication). Appellant has now filed an amended motion for reconsideration of that decision. According to appellant's amended motion for reconsideration, the trial court has issued a nunc pro tunc judgment correcting the date of the judgment to reflect that sentence was imposed on September 29, 2022, rather than on March 11, 2022, as indicated in the original judgment.

The appeal was transferred to this Court from the Tenth Court of Appeals by order of the Texas Supreme Court. See Tex. Gov't Code Ann. § 73.001.

Having examined and fully considered the nunc pro tunc judgment, we conclude that the notice of appeal was timely filed. Accordingly, we grant appellant's amended motion for reconsideration. We withdraw our opinion and judgment, and this case will now proceed in accordance with the appellate rules. 2


Summaries of

Allred v. State

Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg
Nov 30, 2022
No. 13-22-00524-CR (Tex. App. Nov. 30, 2022)
Case details for

Allred v. State

Case Details

Full title:MATTHEW ANDREW ALLRED, Appellant, v. THE STATE OF TEXAS, Appellee.

Court:Court of Appeals of Texas, Thirteenth District, Corpus Christi-Edinburg

Date published: Nov 30, 2022

Citations

No. 13-22-00524-CR (Tex. App. Nov. 30, 2022)