Opinion
No. PD-1668-10
Delivered: April 13, 2011. DO NOT PUBLISH.
On Rehearing of Appellant's Petition for Discretionary Review from the Third Court of Appeals Travis County.
PER CURIAM. KEASLER and HERVEY, JJ., dissent.
OPINION
Appellant was convicted of capital murder and was sentenced to confinement for life. The Court of Appeals affirmed the conviction. Garcia v. State, No. 03-08-00586-CR (Tex. App.-Austin, delivered October 12, 2010). Appellant's petition for discretionary review was dismissed as untimely filed on March 16, 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 granted. His petition filed on March 11, 2011, is reinstated as of April 13, 2011, and will be considered in accord with Tex.R.App.P. 68. The petition for discretionary review violates Rules of Appellate Procedure 68.4(i) 9.3(b), because it does not contain a complete copy of the opinion of the court of appeals and 11 copies are not included with the original petition. The petition is struck. See Rule of Appellate Procedure 68.6. The petitioner may redraw the petition. The redrawn petition and copies must be filed in the Court of Criminal Appeals within thirty days after the date of this order.