COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING Appellate case name: Christopher Gutierrez v. The State of Texas Appellate case number: 01-16-00570-CR Trial court case number: 1436008 Trial court: 185th District Court of Harris County Date motion filed: 12/18/17 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 Higley and Bland.

Date: February 15, 2018