COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR RECONSIDERATION EN BANC Appellate case name: Percy Vernon Rancifer v. The State of Texas Appellate case number: 01-11-00497-CR Trial court case number: 1306884 Trial court: 180th District Court of Harris County Date motion filed: May 28, 2013 Party filing motion: Percy Vernon Rancifer It is ordered that the motion for en banc reconsideration is DENIED.

Judge’s signature: /s/ Michael Massengale Acting Individually Acting for the Court Panel consists of: Chief Justice Radack, and Justices Jennings, Keyes, Higley, Bland, Sharp, Massengale, Brown, and Huddle

Date: October 10, 2013