Robert Worley Kyrias v. State

Order entered August 13, 2015 In The Court of Appeals Fifth District of Texas at Dallas No. 05-15-00199-CR No. 05-15-00221-CR ROBERT WORLEY KYRIAS, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the County Court At Law No. 1 Kaufman County, Texas Trial Court Cause Nos. 31131CC, 12CL-1053 ORDER The Court REINSTATES the appeals. On July 10, 2015, we ordered the trial court to make findings regarding why appellant’s brief had not been filed. On August 10, 2015, appellant tendered his brief, together with an extension motion. On August 11, 2015, appellant filed a motion to strike the brief in cause no. 05-15-00199-CR because it was incorrect and to show the copy filed in 05-15-00221-CR as filed in both appeals. We have reviewed the briefs filed and note that in the table of contents, appellant raises an issue regarding the sufficiency of the evidence to a conviction for unlawful restraint, but the body of the brief in each case discusses the convictions for other offenses and raises an issue related to the trial court’s admonishments. Accordingly, we GRANT the motion to strike as follows. We STRIKE the brief filed as to both cause numbers. We ORDER appellant to file, within TEN DAYS of the date of this order, an amended brief that applies to both cause numbers that correctly identifies in the table of contents the issue presented in the appeals. We DENY as moot the August 10, 2015 motion to extend time to file appellant’s brief. We DIRECT the Clerk to send copies of this order to counsel for all parties. /s/ LANA MYERS JUSTICE