Craig v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

ONION, Presiding Judge.

Our prior opinion is withdrawn. On original submission, this court affirmed the conviction, noting that appellant’s brief had not been timely filed in the trial court, and found no unassigned error to be considered “in the interest of justice.” See Article 40.09, § 13, Vernon’s Ann.C.C.P.

We have now concluded that the brief was timely filed in light of the extension granted by the trial court and by virtue of the Code Construction Act (Acts 1967, 60th Leg., ch. 455, p. 1036). See also Barbee v. State, 432 S.W.2d 78…