Order entered May 14, 2014
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-13-01111-CR
DAMIAN ELDER, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the Criminal District Court No. 4
Dallas County, Texas
Trial Court Cause No. F12-53551-K
ORDER
The Court REINSTATES the appeal.
On April 22, 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 the reporter’s record of the motion for
new trial was not filed until after appellant’s brief was due; and (4) Mr. Buchwald requested
additional time to file appellant’s brief. We note that the supplemental reporter’s record was
filed on April 1, 2014 and the appeal was not abated for findings until April 22, 2014.
Accordingly, we DO NOT ADOPT the finding that appellant should be given sixty more days
to file his brief.
We ORDER appellant to file his brief within FORTY DAYS of the date of this order. If
the brief is not filed by that date, we will order the appeal submitted 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
counsel for all parties.
/s/ DAVID EVANS
JUSTICE