COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Kyle Edward Mutters v. The State of Texas Appellate case number: 01-16-00064-CR Trial court case number: 1346494 Trial court: 183rd District Court of Harris County This case was abated and remanded to the trial court based on appointed counsel’s failure to timely file a brief on appellant’s behalf. On November 2, 2016, counsel, Kelly Ann Smith, submitted a brief on appellant’s behalf. Accordingly, we withdraw our October 11, 2016 abatement order, and reinstate this case on the Court’s active docket.

Appellant’s brief is filed as of November 2, 2016. The State’s brief, if any, is due within 30 days of the date of this order. See TEX. R. APP. P. 38.6(b).

It is so ORDERED.

Judge’s signature: /s/ Russell Lloyd  Acting individually Date: November 8, 2016