Order entered October 19, 2017

In The Court of Appeals Fifth District of Texas at Dallas No. 05-16-01160-CR THE STATE OF TEXAS, Appellant V. DOUGLAS ALLEN MACHUTTA, Appellee On Appeal from the Criminal District Court No. 7 Dallas County, Texas Trial Court Cause No. F-1523625-Y ORDER Appellee’s Motion for Abatement for Findings on Jurisdictional Facts is DENIED. See Gaston v. State, 63 S.W.3d 893, 900 (Tex. App.—Dallas 2001, no pet.) (appellate court may take judicial notice of facts outside record to determine jurisdiction over appeal).

/s/ MOLLY FRANCIS PRESIDING JUSTICE