COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON APPELLANT’S MOTION FOR EN BANC RECONSIDERATION Appellate case name: Talawrence Donyea Tennell v. The State of Texas Appellate case number: 01-17-00571-CR Trial court case number: 15-01993-CRF-85 Trial court: 85th District Court of Brazos County Date motion filed: September 14, 2018 Party filing motion: Appellant, Talawrence Donyea Tennell The motion for en banc reconsideration is DENIED as moot because the Court withdrew its August 30, 2018 memorandum opinion and judgment and issued a memorandum opinion and judgment dated December 31, 2018.

PER CURIAM

En banc court consists of: Chief Justice Radack, and Justices Keyes, Higley, Lloyd, Kelly, Goodman, Landau, Hightower, and Countiss.

Date: January 29, 2019