Roberts v. State

OPINION

Opinion by: ALMA L. LÓPEZ, Chief Justice.

The motion for rehearing filed by appellant, Mary S. Roberts, is denied. This court’s opinion and order dated August 27, 2008, are withdrawn, and this opinion and judgment are substituted. We substitute this opinion to address Roberts’s arguments regarding this court’s prior holding in Rivera v. State, 940 S.W.2d 148 (Tex.App.-San Antonio 1996, no pet.).

The trial court imposed sentence in the underlying case on February 21, 2008. Because appellant timely filed a motion for new trial on March 20, 2008, the notice of appeal was due to be filed on…