COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON MEMORANDUM ORDER Appellate case name: Roy Eugene Ussery v. The State of Texas Appellate case number: 01-18-00540-CR Trial court case number: 1459846 Trial court: 338th District Court of Harris County Appellant’s Motion for Rehearing En Banc is DENIED.

Judge’s signature: __/s/ Richard Hightower__________________ Acting for the Court The en banc court consists of Chief Justice Radack and Justices Keyes, Lloyd, Kelly, Goodman, Hightower, and Countiss. Justice Landau did not participate.

Date: __April 7, 2020_____