Order entered November 6, 2013
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-12-01329-CR
No. 05-12-01336-CR
LAKENDRICK DUMANDRE HAYDEN, Appellant
V.
THE STATE OF TEXAS, Appellee
On Appeal from the 265th Judicial District Court
Dallas County, Texas
Trial Court Cause Nos. F09-62407-R, F11-61298-R
ORDER
The Court REINSTATES the appeal.
On August 20, 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 appeals; (2) appellant is indigent and represented by court-appointed counsel J. Daniel
Oliphant; and (3) Mr. Oliphant’s explanation for the delay in filing appellant’s brief is his
workload.
We note that appellant’s brie was originally due March 27, 2013, and Mr. Oliphant has
previously been granted a thirty-day extension of time to file his brief. Moreover, the appeal was
abated for two and one-half months awaiting the trial court’s findings regarding appellant’s brief.
Accordingly, we DO NOT ADOPT the finding that appellant requires an additional sixty days
from October 30, 2013 to file appellant’s brief.
We ORDER appellant to file his brief by DECEMBER 16, 2013. No further extensions
will be granted. If appellant’s brief is not filed by the date specified, we will order J. Daniel
Oliphant removed as appellant’s counsel and will order the trial court to appoint a new attorney
to represent appellant in these appeals.
We DIRECT the Clerk to send copies of this order, by electronic transmission, to the
Honorable Mark Stoltz, Presiding Judge, 265th Judicial District Court; J. Daniel Oliphant; and to
the Dallas County District Attorney’s Office.
/s/ DAVID EVANS
JUSTICE