COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Timothy Ryan Richert V. The State of Texas Appellate case number: 01-10-00901-CR Trial court case number: 1262576 Trial court: 185th District Court of Harris County Date motion filed: March 18, 2013 Party filing motion: Appellant It is ordered that the motion for en banc reconsideration is DENIED GRANTED.

Judge’s signature: /s/ Terry Jennings Acting Individually Acting for the Court Panel consists of: Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Sharp, Massengale, Brown, and Huddle

Date: April 9, 2013