COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON MEMORANDUM ORDER Appellate case name: John B. Kennedy v. The State of Texas Appellate case number: 01-12-01142-CV, 01-12-01143-CV Trial court case number: 1320351, 1237940 Trial court: 178th District Court of Harris County It is ordered that Appellant’s Motion for En Banc Reconsideration is denied.

It is so ORDERED.

Justice’s signature: /s/ Laura Carter Higley Acting for the En Banc Court

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

Date: December 4, 2014