Order entered February 7, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-01162-CR JOHANAN JOHN FOLSOM, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 203rd Judicial District Court Dallas County, Texas Trial Court Cause No. F11-58786-P ORDER The Court REINSTATES the appeal.

On January 8, 2013, we ordered the trial court to make findings regarding whether court reporter Yolanda Atkins could produce her portion of the reporter’s record. We ADOPT the findings that: (1) Ms. Atkins testified she recorded the first half of the suppression hearing; (2) her stenographic equipment was stolen from her vehicle and the transcription is irretrievably lost; (3) appellant is not a fault for the loss of the record; and (4) the parties cannot agree on a substituted record.

We ORDER appellant to file his brief within THIRTY DAYS of the date of this order.

/s/ DAVID W. EVANS JUSTICE