Order entered April 30, 2014

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01055-CR RAFAEL ORTIZ, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the Criminal District Court No. 1 Dallas County, Texas Trial Court Cause No. F11-41671-H ORDER The Court REINSTATES the appeal.

On January 8, 2014, we ordered the trial court to make findings regarding why the clerk’s and reporter’s records have not been filed. We ADOPT the finding that appellant has filed a motion to dismiss the appeal. A copy of the motion, signed by both appellant and counsel, are contained in the supplemental clerk’s record. We will treat the motion as being filed in this Court as of April 29, 2014. We will dispose of the motion in due course.

We DENY appellant’s February 7, 2014 motion to dismiss the appeal because it was not signed by appellant as required by rule 42.2(a).

/s/ LANA MYERS JUSTICE