COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON APPELLANT’S MOTION FOR EN BANC RECONSIDERATION Appellate case name: Jose Antonio Garcia v. The State of Texas Appellate case number: 01-15-00030-CR Trial court case number: 13-10-10886-CR Trial court: 9th District Court Montgomery County, Texas Date motion filed: December 15, 2016 The motion for reconsideration en banc is DENIED.

Judge’s signature: /s/ Michael Massengale Justice Michael Massengale, acting for the court En banc court consists of: Chief Justice Radack, and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, Huddle, and Lloyd.

Date: January 24, 2017