COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Kristopher Ryan O'Neal v. The State of Texas Appellate case number: 01-13-00626-CR Trial court case number: 11-DCR-058934A Trial court: 268th District Court of Fort Bend County On August 15, 2013, we abated this appeal for a determination by the trial court regarding whether appellant, after conferring with counsel, wished to prosecute this appeal. On August 20, 2013, appellant filed a motion to dismiss this appeal signed by both appellant and his counsel. See TEX. R. APP. P. 42.2(a).

Accordingly, we withdraw our August 15, 2013 order of abatement and reinstate this case on the Court’s active docket.

It is so ORDERED.

Judge’s signature: /s/ Michael Massengale  Acting individually  Acting for the Court

Date: August 22, 2013