ALAMIA, ANTHONY Appeal from 199th District Court of Collin County (dissenting by judge yeary)

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. PD-0444-14, 0445-14 ANTHONY ALAMIA, Appellant v. THE STATE OF TEXAS ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW FROM THE FIFTH COURT OF APPEALS COLLIN COUNTY Y EARY, J., filed a dissenting opinion. OPINION I dissent for the reasons stated in my dissenting opinion in Smith v. State, 463 S.W.3d 890 (Tex. Crim. App. 2015). FILED: December 16, 2015 DO NOT PUBLISH

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