Order entered November ,2012

In The Court of Appeals ifth istritt of gtxas at allas NO. 05-12-00904-CR ANDRES HERRERA, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 265th Judicial District Court Dallas County, Texas Trial Court Cause No. F08-11091-R ORDER The Court REINSTATES the appeal.

On October 10, 2012, ordered the trial court to make findings regarding why appellant’s brief has not been filed. We ADOPT the findings that: (1) appellant has been removed from the country and returned to his native country; and (2) appellant has not communicated with counsel regarding the appeal. Based on the findings, we conclude appellant no longer desires to pursue the appeal.

ORDER the appeal submitted, without briefs and argument, as of the date of this order, to a panel consisting of Justices Richter, Lang-Miers, and Myers. See Tex. R. App. P. 38.80 ).

DAVID L. BRIDGES JUSTICE