Order entered January 13, 2014

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-01107-CR JAMES PHYTHIAN, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 283rd Judicial District Court Dallas County, Texas Trial Court Cause No. F11-47313-T ORDER The Court REINSTATES the appeal.

On December 18, 2013, we ordered the trial court to make findings regarding why the clerk’s record had not been filed. On January 6, 2014, we received the clerk’s record.

Therefore, we VACATE the December 18, 2013 order requiring findings.

The appellant’s brief received on January 10, 2014 is considered properly filed.

/s/ DAVID EVANS JUSTICE