Kobey Wayne Kelly v. State

Opinion

Order entered December 4, 2015

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-15-00833-CR

KOBEY WAYNE KELLY, Appellant V.

THE STATE OF TEXAS, Appellee

On Appeal from the 292nd Judicial District Court Dallas County, Texas

Trial Court Cause No. F13-16775-V

ORDER

The Court REINSTATES the appeal.

On November 24, 2015, we ordered the trial court to make findings regarding why appellant’s brief has not been filed. We ADOPT the findings that: (1) appellant desires to pursue the appeal; (2) appellant is indigent and represented by court-appointed counsel Daniel Oliphant; (3) counsel’s explanation for the delay in filing appellant’s brief is his workload; and (4) counsel requested forty-five days from the December 1, 2015 findings to file appellant’s brief.

We ORDER appellant to file his brief by JANUARY 19, 2016.

/s/ LANA MYERS

JUSTICE