Order entered January 2, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-00533-CR
RAMIRO PAYAN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 7
Dallas County, Texas
Trial Court Cause No. F09-72851-Y
ORDER
The Court REINSTATES the appeal.
On November 10, 2014, 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 represented by retained counsel Jeffery Buchwald; (3) Mr.
Buchwald’s explanation for the delay in filing appellant’s brief is that one of the exhibits had not
been filed until “recently” but he has now reviewed the exhibit; and (4) Mr. Buchwald stated he
would file the brief within fifteen days of the December 18, 2014 findings.
We note that the supplemental reporter’s record with the video exhibit was filed in this
Court on October 9, 2014 and the appeal was not abated for findings regarding the brief until one
month later. At no time during that period did appellant’s counsel communicate with this Court
regarding any problem obtaining exhibits.
Accordingly, we ORDER appellant to file his brief by JANUARY 15, 2015. No further
extensions will be granted. If appellant’s brief is not filed by the date specified, we will, without
further notice, submit the appeal without briefs. See TEX. R. APP. P. 38.8(b)(4).
We DIRECT the Clerk to send copies of this order, by electronic transmission, to Jeffrey
Buchwald and the Dallas County District Attorney’s Office.
/s/ LANA MYERS
JUSTICE