Order issued November 15, 2012

In The &fort nI Apprato iffifth Diotrirt uf &cuts at Battao No. 05-12-00580-CR No. 05-12-00581-CR

CECIL CAIN, Appellant V. THE STATE OF TEXAS, Appellee

On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause Nos. F10-53683-Q, F10-53684-Q

ORDER These appeals are REINSTATED.

We VACATE our order of September 12, 2012 requiring the trial court to conduct a hearing to determine the status of the State's Notice of Intent to Enhance Punishment. Both appellant and the State have tendered their briefs and motions to extend. Appellant does not raise an issue on appeal related to the missing notice.

We GRANT appellant's September 25, 2012 motion to extend the time for filing appellant's brief We also GRANT the State's October 22, 2012 first motion for extension of time to file the State's brief The appellant's and State's briefs tendered to the Clerk of the Court are DEEMED timely filed as of the date of this order.

LANA MYERS JUSTICE