COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Terry Smith v. The State of Texas Appellate case numbers: 01-12-00661-CR, 01-12-00662-CR, 01-12-00663-CR Trial court case number: 10DCR055807A (Counts I, II, III) Trial court: 400th District Court of Fort Bend County Appellant’s motion for en banc reconsideration is denied.

It is so ORDERED.

Judge’s signature: /s/ Laura Carter Higley Acting for the Court En Banc Court consists of Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Sharp, Massengale, Brown, and Huddle.

Date: April 10, 2014