COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR RECONSIDERATION EN BANC Appellate case name: Ex parte Felipe Nery Luna Appellate case number: 01-13-00054-CR Trial court case number: 06DCR043655 Trial court: 400th District Court of Fort Bend County Date motion filed: July 3, 2013 Party filing motion: Felipe Nery Luna It is ordered that the motion for rehearing is DENIED GRANTED.

Judge’s signature: /s/ Rebeca Huddle Acting Individually Acting for the Court En banc court consists of: Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Sharp, Massengale, Brown, and Huddle.

Justice Sharp would grant en banc reconsideration.

Date: August 21, 2013