COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING EN BANC Cause number and style: 01–13–00146–CR; Mendoza v. State Date motion filed: July 18, 2013 Party filing motion: Richard Mendoza, Jr.

It is ordered that the motion for rehearing en banc is denied.

Judge’s signature: /s/ Jane Bland Acting for the Court The En Banc Court consists of: Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, and Huddle. Justice Sharp, not participating.

Date: August 14, 2014