*1 C OURT OF A PPEALS FOR THE F IRST D ISTRICT OF T EXAS AT H OUSTON O RDER ON A PPELLANT ’ S M OTION FOR EN B ANC R ECONSIDERATION Appellate case name: Walter Harvey Ballard, Jr. V. The State of Texas Appellate case number: 01-15-00275-CR

Trial court case number: 1390115

Trial court: 183rd District Court of Harris County

Date motion filed: October 5, 2017

It is ordered that the motion for reconsideration en banc is DENIED. Judge’s signature: /s/ Michael Massengale

Acting Individually Acting for the Court En banc court consists of: Chief Justice Radack, and Justices Jennings, Keyes, Higley, Bland, Massengale, Brown, Lloyd, and Caughey

Date: November 16, 2017