COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON APPELLANT’S MOTION FOR EN BANC RECONSIDERATION Appellate case name: Walter Harvey Ballard, Jr. V. The State of Texas Appellate case number: 01-15-00275-CR Trial court case number: 1390115 Trial court: 183rd District Court of Harris County Date motion filed: October 5, 2017 It is ordered that the motion for reconsideration en banc is DENIED.

Judge’s signature: /s/ Michael Massengale Acting Individually Acting for the Court En banc court consists of: Chief Justice Radack, and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, Lloyd, and Caughey

Date: November 16, 2017