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Fourth Court of Appeals San Antonio, Texas Thursday, July 25, 2013 No. 04-12-00856-CR Daniel Miley Smith, Appellant v. The State of Texas, Appellee Trial Court Case No. 2012CR2191 ORDER The Court has reviewed the record and briefs in this appeal and the majority of the judges have determined that oral argument will not significantly aid it in determining the legal and factual issues presented in the appeal. See TEX. R. APP. P. 39.8. Therefore, all requests for oral argument are denied, and the cause is advanced for ON BRIEFS submission on Tuesday, September 10, 2013, to the following panel: Chief Justice Stone, Justice Marion, and Justice Alvarez. All parties will be notified of the Court’s decision in this appeal in accordance with TEX. R. APP. P. 48.

Either party may file a motion requesting the Court to reconsider its determination that oral argument will not significantly aid the Court in determining the legal and factual issues presented in the appeal. See TEX. R. APP. P. 39.8. Such a motion should be filed within ten (10) days from the date of this order.

It is so ORDERED on Thursday, July 25, 2013.

________________________ Catherine Stone, Chief Justice IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the said court on this Thursday, July 25, 2013.

______________________________ Keith E. Hottle, Clerk