COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Charles H. Fowler v. The State of Texas Appellate case number: 01-12-00300-CR Date Motion Filed: March 7, 2013 Party Filing Motion: Appellant, Charles H. Fowler Appellant, Charles H. Fowler, has filed a motion for rehearing. Although this motion provides a modicum of greater depth, Fowler presents the same argument as one of the arguments he presented in response to the State’s motion to dismiss. None of his arguments, however, can change the fact that he filed an application for a writ of habeas corpus challenging the validity of a misdemeanor conviction, thus dictating the case as criminal for jurisdictional purposes. It is therefore ordered that the motion for rehearing is denied.

Judge’s signature: /s/ Jim Sharp  Acting individually Acting for the Court Date: May 8, 2013 Panels consists of Justice Keyes, Sharp, and Huddle.