Order entered October 22, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01611-CR
JAY SANDON COOPER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the County Court at Law No. 2
Collin County, Texas
Trial Court Cause No. 005-87752-09
ORDER
Before Justices O’Neill, Lang-Miers, and Brown
On September 15, 2014, this Court dismissed the appeal for want of jurisdiction after
appellant failed to file his brief. The Court’s records shows that a copy of the opinion was sent
to appellant at the e-mail address provided by appellant.
On September 16, 2014, appellant tendered a brief and two extension motions. Each
extension motion reflects that it was signed on September 8, 2014, before the appeal was
dismissed. Neither motion addresses the Court’s opinion that issued on September 15, 2014.
Moreover, appellant neither filed a motion for rehearing within fifteen days of September 15,
2014 nor a motion to extend time to file a motion for rehearing. See TEX. R. APP. P. 49.1, 49.8.
However, the envelope in which the brief and extension motions were sent to the Court was
mailed on or before September 15, 2014 and received by the Court on September 16, 2014.
Therefore, on the Court’s own motion, we WITHDRAW our opinion and VACATE our
judgment of September 15, 2014. We ORDER the appeal REINSTATED
We GRANT appellant’s September 16, 2014 pro se motions to the extent they seek an
extension of time to file the brief. We ORDER the appellant’s brief received on September 16,
2014 filed as of the date of this order.
The State’s brief is due within thirty days of the date of this order.
/s/ ELIZABETH LANG-MIERS
JUSTICE