COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER DENYING MOTION FOR EN BANC RECONSIDERATION Appellate case name: German Gutierrez v. State Appellate case number: 01-18-00624-CR Trial court case number: 1557751 Trial court: 184th District Court of Harris County It is ordered that the motion for en banc reconsideration is DENIED.

Judge’s signature: ___/s/ Peter Kelly________  Acting individually  Acting for the Court

Panel consists of Chief Justice Radack and Justices Keyes, Lloyd, Kelly, Goodman, Hightower, and Countiss.

Justice Landau did not participate.

Date: April 28, 2020