Opinion
No. PD-0291-10
Delivered: October 13, 2010. DO NOT PUBLISH.
On Rehearing of Appellant's Petition for Discretionary Review, appeal from the Twelfth Court of Appeals, Smith County.
OPINION
Appellant was convicted of aggravated robbery and was sentenced to confinement for life. The Court of Appeals affirmed the conviction. Delaney v. State, (Tex. App.-Tyler, No. 12-09-00217-CR, delivered February 17, 2010). Appellant's petition for discretionary review was dismissed as untimely filed on August 25, 2010. 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 granted. His petition filed on July 21, 2010, is reinstated as of October 13, 2010 and will be considered in accord with Tex.R.App.P. 68.