Order entered April 11, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01702-CR TIMOTHY DECHEY JOHNSON, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 363rd Judicial District Court Dallas County, Texas Trial Court Cause No. F06-38616-W ORDER The Court REINSTATES the appeal.

On March 13, 2013, we ordered the trial court to make findings regarding why the reporter’s record has not been filed. We ADOPT the finding that appellant no longer desires to pursue the appeal.

We ORDER the appeal submitted as of the date of this order, without the reporter’s record and briefs, to a panel consisting of Justices Moseley, O’Neill, and Lewis. See TEX. R. APP. P. 37.3(c), 38.8(b)(4).

/s/ DAVID EVANS JUSTICE