Franks v. State

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 of murder and sentenced to ninety-nine years in prison on August 5, 2005. Franks did not file a motion for new trial; therefore, the original deadline for filing a notice of…