COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Carlton Charles Penright v. The State of Texas Appellate case number: 01-12-00647-CR Trial court case number: 1247950 Trial court: 174th District Court of Harris County It is ordered that Appellant’s Motion for Reconsideration En Banc is denied.

Judge’s signature: /s/ Rebeca Huddle Acting for the En Banc Court* Date: December 8, 2015 *En banc court consists of Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, Huddle, and Lloyd.

Jennings, J., dissenting from the denial of en banc reconsideration.