COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Robert Benjamin Franks v. The State of Texas Appellate case number: 01-18-00055-CR Trial court case number: CR-16-0792 Trial court: 22nd District Court of Hays County The en banc court has voted to deny appellant’s motion for en banc reconsideration.* It is ordered that appellant’s motion for en banc reconsideration is denied.

Judge’s signature: /s/ Gordon Goodman_______ Acting for the En Banc Court Date: March 3, 2020 * En banc court consists of Chief Justice Radack and Justices Keyes, Lloyd, Kelly, Goodman, Landau, Hightower, and Countiss.