COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING EN BANC

Case number: 01-12-00487-CR Style: Thomas v. State Date motion filed: May 17, 2013 Party filing motion: Appellant, Roderick D. Thomas

A majority of the Court having voted against rehearing en banc, it is ordered that the motion for rehearing en banc is denied.

Judge’s signature: __/s/ Jane Bland_______________________ Acting for the Court Before: Chief Justice Radack and Justices Jennings, Higley, Bland, Massengale, Brown, and Huddle. Justices Keyes and Sharp not participating.

Date: May 23, 2013.