Order entered January 18, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-12-00646-CR ROBERT TRACY WARTERFIELD, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. F10-61655-Y ORDER This appeal is REINSTATED.

We VACATE our order of October 25, 2012 requiring the trial court to make findings of fact regarding why appellant’s brief was not filed.

We GRANT appellant=s January 2, 2013 motion for extension of time to file his brief.

Appellant=s brief tendered to the Clerk of the Court on January 2, 2013 is DEEMED timely filed as of the date of this order.

The State’s brief shall be due THIRTY DAYS from the date of this order.

/s/ DAVID W. EVANS JUSTICE