Order entered October 7, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00430-CR DAVID CARL SWINGLE, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 382nd Judicial District Court Rockwall County, Texas Trial Court Cause No. 2-06-16 ORDER The Court REINSTATES the appeal.

On September 12, 2013, we denied appellant’s September 10, 2013 second motion to extend time to file his brief and ordered the trial court to make findings. On October 1, 2013, we received appellant’s brief, together with an extension motion. Therefore, in the interest of expediting the appeal, we VACATE the September 12, 2013 order to the extent it requires the trial court to make findings.

We GRANT the October 1, 2013 extension motion and ORDER appellant’s brief filed as of the date of this order.

We DENY appellant’s September 25, 2013 pro se motions to dismiss counsel and proceed pro se and to extend time to file his brief. See Martinez v. Court of Appeals of Cal., Fourth Appellate Dist., 528 U.S. 152 (2000).

/s/ LANA MYERS JUSTICE