BOHANNAN, MICHAEL WAYNE Appeal from 435th District Court of Montgomery County (dissenting by judge yeary)
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IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-25,282-29 EX PARTE MICHAEL WAYNE BOHANNAN, Applicant ON APPLICANT’S APPLICATION FOR A WRIT OF HABEAS CORPUS IN CAUSE NO. 12-10-10953(2) FROM THE 435TH DISTRICT COURT MONTGOMERY COUNTY YEARY, J., filed a dissenting opinion in which SLAUGHTER, J., joined. DISSENTING OPINION Today—as it has done before, See Ex parte Smith, 584 S.W.3d 436 (Tex. Crim. App. 2019) (Yeary, J., dissenting)—the Court grants relief in a post-conviction application for writ of habeas corpus in the form of deleting an assessment of attorney’s fees from the judgment of conviction. As in Smith, Applicant here claims that his appellate attorney was ineffective for failing to challenge this assessment. The more appropriate form of relief would be to grant Applicant a chance to raise this issue in a belated appeal, the typical form of relief in a post-conviction claim of ineffectiveness of appellate counsel for failing to bring a meritorious claim on appeal. For the reasons explained in my dissenting opinion in Smith, I again dissent. FILED: DO NOT PUBLISH October 7, 2020
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