CAPPS, CHARLES ANDREW Appeal from 9th District Court of Montgomery County (dissenting by judge yeary)

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-83,978-01 EX PARTE CHARLES ANDREW CAPPS, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 13-02-01707-CR(1) IN THE 9TH DISTRICT COURT FROM MONTGOMERY COUNTY Y EARY, J., filed a dissenting opinion. DISSENTING OPINION I dissent for the reasons stated in my dissenting opinion in Ex parte Fournier, 473 S.W.3d 789 (Tex. Crim. App. 2015). FILED: FEBRUARY 10, 2016 DO NOT PUBLISH

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