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FRANKS v. STATE

No. 03-06-00709-CR.

219 S.W.3d 494 (2007)

Timothy FRANKS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Austin.

March 2, 2007.

Attorney(s) appearing for the Case

Christopher P. Morgan, Austin, for appellant.

Ronald Earle, Dist. Atty., Austin, for appellee.

Before Justices PEMBERTON, WALDROP and B.A. SMITH.

OPINION

G. ALAN WALDROP, Justice.

We withdraw the opinion and judgment dated December 12, 2006, and substitute the following to address issues raised in appellant's motion for rehearing.

This case involves the deadline for filing a new notice of appeal in an out-of-time appeal granted as a result of a post-conviction habeas corpus proceeding. See Tex. Code Crim. Proc. Ann. art. 11.07 (West 2005).

Timothy Franks was convicted...

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