BUSTEMANTE, SERGIO RAFAEL Appeal from 174th District Court of Harris County (dissenting by judge yeary)

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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-88,082-01 EX PARTE SERGIO RAFAEL BUSTEMANTE, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1311509-A IN THE 174TH DISTRICT COURT FROM HARRIS COUNTY Y EARY, J., filed a dissenting opinion. DISSENTING OPINION I dissent for the reasons stated in my dissenting opinions in Ex parte Fournier, 473 S.W.3d 789, 800–805 (Tex. Crim. App. 2015) (Yeary, J., dissenting) and Ex parte Chavez, No. WR-87,785-01 (Tex. Crim. App. Feb. 28, 2018) (Yeary, J., dissenting). DELIVERED: March 7, 2018 DO NOT PUBLISH

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