COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Charles Ray Carter v. The State of Texas Appellate case number: 01-14-01006-CR Trial court case number: 1399940 Trial court: 337th District Court of Harris County Date motion filed: 08/19/16 Party filing motion: Appellant It is ordered that the motion for rehearing is DENIED GRANTED.

Judge’s signature: /s/ Sherry Radack Acting Individually Acting for the Court Panel 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.

Date: January 24, 2017