EX PARTE DAVID MARK TEMPLE, Applicant (concurring)

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-78,545-01 EX PARTE DAVID MARK TEMPLE, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM HARRIS COUNTY Johnson, J., filed a concurring statement. CONCURRING STATEMENT I agree that this Court properly denies leave to file this application, but I note that the appropriate remedy for claims such as those presented here is to file, not an application for a writ of habeas corpus under this Court s original jurisdiction, but an application pursuant to Texas Code of Criminal Procedure, art. 11.07: After conviction the procedure outlined in [Article 11.07] shall be exclusive and any other proceeding shall be void and of no force and effect in discharging the prisoner. Id. at § 5. Applicant is entitled to seek his desired relief through such an application and may do so if he so chooses. Filed: October 31, 2012 Do not publish

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