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

401 S.W.3d 60, 67 (Tex. Crim. App. 2013) (Keasler, J., concurring). 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FILED: December 10, 2014 DO NOT PUBLISH