APLAND, DUSTIN MICHAEL Appeal from 124th District Court of Gregg County (dissenting by judge keasler)
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-82,070-01 EX PARTE DUSTIN MICHAEL APLAND, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 42,377-B-H-1 IN THE 124TH DISTRICT COURT GREGG COUNTY K EASLER, J., filed a dissenting opinion, in which K ELLER, P.J., and H ERVEY, J., joined. DISSENTING OPINION For the reasons stated in my concurring opinion in Ex parte Knight,1 I would deny Dustin Apland’s application for a writ of habeas corpus. In Ex parte Townsend, this Court held that an applicant is unable to attack a cumulation order for the first time in a postconviction habeas corpus proceeding.2 By expressly waiving his right to appeal, Apland not only waived his right to a direct appeal, but waived his ability to seek habeas relief based on 1 401 S.W.3d 60, 67 (Tex. Crim. App. 2013) (Keasler, J., concurring). 2 137 S.W.3d 79, 81 (Tex. Crim. App. 2004). APLAND DISSENT—2 those claims that could have been asserted on direct appeal. I would accordingly deny the application. FILED: December 10, 2014 DO NOT PUBLISH
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