Gant, Robert Dewayne, Sr. ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. PD-0272-05

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ROBERT DEWAYNE GANT, SR., Appellant

v.

THE STATE OF TEXAS

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ON REHEARING OF APPELLANT'S

PETITION FOR DISCRETIONARY REVIEW

FROM THE NINTH COURT OF APPEALS ORANGE COUNTY

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   Per curiam.

O P I N I O N

Appellant was convicted of evading detention. The jury found he had been previously convicted of the same offense and assessed his punishment at confinement for seven years and a fine of $2,000. The Court of Appeals affirmed the conviction. Gant v. State, ___S.W.3d___(Tex. App. -- Beaumont, No. 09-03-527-CR, delivered December 29, 2004). Appellant's petition for discretionary review was dismissed as untimely filed on April 6, 2005. 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 24, 2005, is reinstated as of June 8, 2005, and will be considered in accord with Tex.R.App.P. 68.  

Delivered June 8, 2005

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