IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-83,542-01

EX PARTE TIMOTHY E. THOMPSON, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 09-03-02703-CR 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, ___ S.W.3d ___, No. WR-82,101-01, 2015 WL 6518272 (Tex. Crim. App. Oct. 28, 2015). FILED: JANUARY 13, 2016 DO NOT PUBLISH