COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER ON MOTION FOR EN BANC RECONSIDERATION Appellate case name: Eduardo Vargas Balanzar v. The State of Texas Appellate case number: 01-19-00168-CR Trial court case number: 81706-CR (Counts I, II, and III) Trial court: 239th District Court of Brazoria County Date motion filed: November 6, 2020 Party filing motion: Appellant

The en banc court has unanimously voted to deny appellant’s motion for en banc reconsideration. It is ordered that the motion is denied.

Judge’s signature: ___/s/ Julie Countiss_________ Acting for the En Banc Court * En banc court consists of Chief Justice Radack and Justices Keyes, Lloyd, Kelly, Goodman, Landau, Hightower, Countiss, and Adams.

Date: December 22, 2020