Matthew Andrew Allred v. the State of Texas ( 2022 )

NUMBER 13-22-00524-CR
COURT OF APPEALS
THIRTEENTH DISTRICT OF TEXAS
CORPUS CHRISTI – EDINBURG
MATTHEW ANDREW ALLRED, Appellant,
v.
THE STATE OF TEXAS, Appellee.
On appeal from the 443rd District Court
of Ellis County, Texas.
ORDER
Before Justices Longoria, Hinojosa, and Silva
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, no pet. h.) (mem. op., not designated for publication). 1 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.
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.
PER CURIAM
Do not publish.
TEX. R. APP. P. 47.2 (b).
Delivered and filed on the
30th day of November, 2022.
1 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.
2