Otis Gardner v. State

Opinion

Order entered November 13, 2013

In The

Court of Appeals

Fifth District of Texas at Dallas No. 05-13-00236-CR

OTIS GARDNER, Appellant

V.

THE STATE OF TEXAS, Appellee

On Appeal from the 204th Judicial District Court Dallas County, Texas

Trial Court Cause No. F10-56220-Q

ORDER

The Court REINSTATES the appeal.

On October 29, 2013, 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 appointed counsel J. Daniel Oliphant; (3) Mr. Oliphant’s explanation for the delay in filing appellant’s brief is his workload; and (4) Mr. Oliphant requested until December 27, 2013 to file appellant’s brief.

We ORDER appellant to file his brief by FRIDAY, DECEMBER 27, 2013. We DIRECT the Clerk to send copies of this order, by electronic transmission, to counsel for all parties.

/s/ LANA MYERS

JUSTICE