COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Samuel Espinoza Rodriguez v. The State of Texas Appellate case number: 01-13-00447-CR Trial court case number: 1356098 Trial court: 182nd District Court of Harris County It is ordered that Appellant’s Motion for En Banc Reconsideration is denied.

Judge’s signature: /s/ Rebeca Huddle Acting for the En Banc Court* Date: June 23, 2016 *En banc court consists of Chief Justice Radack and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, Huddle, and Lloyd.