COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR RECONSIDERATION EN BANC Appellate case name: The State of Texas V. Allen Tercero Appellate case number: 01-14-00120-CR Trial court case number: 10-DCR-056111 Trial court: 434th District Court of Fort Bend County Date motion filed: April 14, 2015 Party filing motion: The State of Texas It is ordered that the motion for en banc reconsideration 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, Massengale, Brown, Huddle, and Lloyd.

Date: June 30, 2015