COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Kaylen Dewayne Simmons v. The State of Texas Appellate case number: 01-13-00930-CR Trial court case number: 12-CR-2519 Trial court: 212th District Court of Galveston County It is ordered that Appellant’s Motion Rehearing En Banc is denied.

Judge’s signature: /s/ Rebeca Huddle Acting for the En Banc Court*

Date: December 18, 2014

*En banc court consists of Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, and Huddle. Sharp, J., not participating.