COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Michael Brent Brown V. The State of Texas Appellate case number: 01-15-00042-CR Trial court case number: B-140443-R Trial court: 163rd District Court of Orange County Date motion filed: December 23, 2015 Party filing motion: Appellant It is ordered that the motion for en banc reconsideration is DENIED GRANTED.

Judge’s signature: /s/ Harvey Brown Acting Individually Acting for the Court Panel consists of: Chief Justice Radack, Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, Huddle, & Lloyd

Date: January 21, 2016