Order entered May 31, 2013

In The Court of Appeals Fifth District of Texas at Dallas No. 05-13-00022-CV IN RE: DERICK DEWAYNE EVANS, Relator On Appeal from the 363rd Judicial District Court Dallas County, Texas Trial Court Cause No. 10-1193 ORDER We DENY relator’s motion for rehearing. On the Court’s own motion, we WITHDRAW our opinion of February 13, 2013, and VACATE our order of the same date.

Based on our opinion of today’s date, we DENY relator’s petition for mandamus. We ORDER that relator bear the costs of this original proceeding.

/s/ JIM MOSELEY JUSTICE