Opinion
No. 07-09-0147-CR
September 18, 2009. DO NOT PUBLISH.
Appealed from the 47th District Court of Randall County; No. 16202-A; Honorable Hal Miner, Judge.
Before QUINN, C.J., and CAMPBELL and HANCOCK, JJ.
ORDER
Appellant Eric Lee Diaz appealed from the March 24, 2009 revocation of his probation. Appellant's notice of appeal was due on April 23. Appellant filed his notice of appeal with the trial court on May 7 and, on May 11, filed with this Court his motion for extension of time to file his notice of appeal. Thereafter, by opinion and judgment dated June 2, 2009, we dismissed the appeal for want of jurisdiction. Appellant filed his petition for discretionary review on August 3, 2009, stating he had mailed his motion for extension of time on May 7, a date within the time limitations imposed by Rule 26.3. See Tex. R. App. P. 26.3. We have also reviewed the affidavit of appellant's counsel sent to the Court of Criminal Appeals with appellant's motion for extension of time to file his petition for discretionary review. Based on the statements in the affidavit and the petition for discretionary review, we withdraw this Court's opinion and judgment issued on June 2, 2009 and reinstate the appeal. See Tex. R. App. P. 50. Appellant's brief is due 30 days from the date of this opinion.