Diaz, Eric Lee

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-0945-09

ERIC LEE DIAZ, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE SEVENTH COURT OF APPEALS

RANDALL COUNTY

O P I N I O N

Appellant was convicted of aggravated assault and the court assessed punishment at confinement for fourteen years. The Court of Appeals dismissed the appeal for want of jurisdiction after deciding that Appellant's notice of appeal was untimely. Diaz v. State, No. 07-09-00147-CR (Tex.App-Amarillo, delivered June 2, 2009). On August 3, 2009, Appellant timely filed his petition for…