COURT OF APPEALS FOR THE FIRST DISTRICT OF TEXAS AT HOUSTON ORDER Appellate case name: Keith Smith v. The State of Texas Appellate case number: 01-19-00442-CR Trial court case number: 1529312 Trial court: 339th District Court of Harris County Appellant’s Motion for En Banc Reconsideration is denied.

It is so ORDERED.

Judge’s signature: /s/ Richard Hightower Acting for En Banc Court En Banc Court consists of Chief Justice Radack and Justices Kelly, Goodman, Landau, Hightower, Countiss, Rivas-Molloy, Guerra, and Farris.

Date: March 9, 2021