COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR REHEARING EN BANC Appellate case name: Kaylen Dewayne Simmons v. The State of Texas Appellate case numbers: 01-17-00684-CR, 01-17-00685-CR Trial court case numbers: 11-CR-3445, 12-CR-2519 Trial court: 212th District Court of Galveston County The motion for rehearing en banc is DENIED.

Judge’s signature: /s/ Richard Hightower Acting for the Court En banc court consists of: Chief Justice Radack, and Justices Keyes, Higley, Lloyd, Kelly, Goodman, Landau, Hightower, and Countiss.

Date: March 5, 2019