COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Dennis Dean Foreman v. The State of Texas Appellate case number: 01-10-01104-CR Trial court case number: 1282564 Trial court: 232nd District Court of Harris County

It is ordered that appellant’s “Motion for Rehearing Enbanc” is denied.

Judge’s signature: /s/ Michael Massengale Acting for the En Banc Court* Date: April 19, 2013

*En banc court consists of Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Sharp, Massengale, Brown, and Huddle.