                                         In The

                                  Court of Appeals
                      Ninth District of Texas at Beaumont
                                  _________________

                                  NO. 09-12-00307-CR
                                  _________________

                      JANSON MICHAEL DURNEY, Appellant

                                            V.

                          THE STATE OF TEXAS, Appellee

________________________________________________________________________

                On Appeal from the County Court at Law No. 5
                        Montgomery County, Texas
                         Trial Cause No. 11-272011
________________________________________________________________________

                                        ORDER

      On October 3, 2012, we dismissed this appeal for want of prosecution. See Tex.

R. App. P. 42.3. The appellant subsequently filed a motion for rehearing, and the

appellee filed a response. See Tex. R. App. P. 49.2. The clerk’s record was filed on

December 10, 2012.

      The motion for rehearing filed by the appellant on October 19, 2012 is granted.

Tex. R. App. P. 49.3. We withdraw our Opinion of October 3, 2012, and vacate the

judgment entered thereon the same date. We reinstate the appeal on the Court’s docket.

The appellant’s brief is due on or before January 14, 2013.

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      ORDER ENTERED December 13, 2012.


                                                   PER CURIAM




Before McKeithen, C.J., Gaultney and Kreger, JJ.




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