COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR RECONSIDERATION EN BANC Appellate case name: Thomas Wayne Florence V. The State of Texas Appellate case number: 01-11-00822-CR Trial court case number: 10CR1217 Trial court: 56th District Court of Galveston County Date motion filed: December 5, 2013 Party filing motion: Appellant It is ordered that the motion for reconsideration en banc is DENIED.

Judge’s signature: /s/ __Evelyn V. Keyes___________________________________________ Acting for the Court The en banc court consists of: Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Sharp, Massengale, and Brown.

Date: January 14, 2014