COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Charles Ervin Nelson v. The State of Texas Appellate case number: 01-17-00746-CR Trial court case number: 20067 Trial court: County Court of Lampasas County Date motion filed: January 25, 2019 Party filing motion: Appellant It is ordered that the motion for en banc reconsideration is DENIED GRANTED.

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

Date: April 30, 2019