Order entered October 9, 2018

In The Court of Appeals Fifth District of Texas at Dallas No. 05-18-00098-CR JAMES BERKELEY HARBIN II, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 204th Judicial District Court Dallas County, Texas Trial Court Cause No. F91-22107-Q ORDER We REINSTATE this appeal.

We abated the appeal for a hearing to determine why appellant’s brief had not been filed.

On October 8, 2018, appellant filed his brief along with a motion to extend time to file the same.

In the interest of expediting this appeal and because the trial court has not yet held a hearing, we VACATE our October 2, 2018 order to the extent it ordered a hearing and required findings.

We GRANT appellant’s motion and ORDER his brief filed as of October 8, 2018.

We DIRECT the Clerk to send a copy of this order to the Honorable Tammy Kemp, Presiding Judge, 204th Judicial District Court; to counsel Lawrence B. Mitchell; and to the Dallas County District Attorney.

The State’s brief is due November 9, 2018. /s/ LANA MYERS JUSTICE