Anthony Phifer v. State

Order entered June 15, 2015 In The Court of Appeals Fifth District of Texas at Dallas No. 05-14-01411-CR ANTHONY PHIFER, Appellant V. THE STATE OF TEXAS, Appellee On Appeal from the 292nd Judicial District Court Dallas County, Texas Trial Court Cause No. F14-75027-V ORDER The Court REINSTATES this appeal. On May 21, 2015, we ordered the trial court to make findings regarding why appellant’s brief had not been filed. On June 10, 2015, we received appellant’s brief. Therefore, in the interest of expediting the appeal, we VACATE the May 21, 2015 order requiring findings. We note that appellant was convicted of attempted unlawful restraint of a child under the age of seventeen, an offense which requires registration under the Sex Offender Registration provisions of the Texas Code of Criminal Procedure. See TEX. CODE CRIM. P. ANN. art. 62.001(5)(E), (G) (West Supp. 2014). Appellant’s brief, however, identifies the complaining witness by her full name. Accordingly, we STRIKE the appellant’s brief tendered on June 10, 2015. We ORDER appellant to file, within TEN DAYS of the date of this order, an amended brief that identifies the complaining witness by her initials only. We DIRECT the Clerk to send copies of this order to Daniel Oliphant and the Dallas County District Attorney’s Office. /s/ ADA BROWN JUSTICE