COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON APPELLANT’S MOTION FOR EN BANC RECONSIDERATION Appellate case name: Kaylen Dewayne Simmons v. The State of Texas Appellate case number: 01-17-00684-CR & 01-17-00685-CR Trial court case number: 11-CR-3445 & 12-CR-2519 Trial court: 212th District Court of Galveston County Date motion filed: July 2, 2018 Party filing motion: Appellant, Kaylen Dewayne Simmons 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: August 21, 2018