Order entered January 30, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00420-CR JUSTIN KRISS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Criminal Court No. 2 Dallas County, Texas Trial Court Cause No. MB10-60533-B ORDER The Court REINSTATES the appeal.

On December 20, 2012, we ordered the trial court to make findings regarding why appellant’s brief has not been filed. We ADOPT the findings that: (1) appellant desires to pursue the appeal; (2) appellant is represented by retained counsel Melvyn Bruder; (3) Mr. Bruder’s explanation for the delay in filing appellant’s brief is the holiday season and his workload; and (4) Mr. Bruder will file appellant’s brief on or before January 28, 2013.

We received appellant’s brief on January 28, 2013 and ORDER it filed as of the date of this order.

/s/ DAVID W. EVANS JUSTICE