COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING Appellate case name: David Kirkland v. The State of Texas Appellate case number: 01-15-01018-CR Trial court case number: 1467730 Trial court: 179th District Court of Harris County Date motion filed: January 18, 2017 Party filing motion: Appellee It is ordered that the motion for rehearing is DISMISSED as moot.

Judge’s signature: /s/ Sherry Radack Acting individually Acting for the Court

Date: February 14, 2017