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 post- conviction 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 FILED: December 10, 2014 DO NOT PUBLISH