Order entered February 8, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01699-CR DONALD RAY ATKINS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 3 Dallas County, Texas Trial Court Cause No. F10-31661-J ORDER The Court has before it the January 30, 2013 letter from court reporter Kimberly Xavier stating she has not filed the reporter’s record because appellant has not made a request for the record. The clerk’s record, however, contains appellant’s request to Ms. Xavier to prepare the reporter’s record. The request is dated January 18, 2013.

Accordingly, we ORDER Kimberly Xavier, official court reporter of the Criminal District Court No. 3, to file the complete reporter’s record within THIRTY DAYS of the date of this order.

We DIRECT the Clerk to send copies of this order, by electronic transmission, to Kimberly Xavier, official court reporter of the Criminal District Court No. 3, and to counsel for all parties.

/s/ DAVID EVANS JUSTICE