IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-82,131-01

EX PARTE KYLE W. GUTHRIE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 13484 IN THE 118TH DISTRICT COURT FROM HOWARD COUNTY

Y EARY, J., filed a dissenting opinion.

DISSENTING OPINION I dissent for the reasons stated in my dissenting opinion in Ex parte Fournier, 473 S.W.3d 789 (Tex. Crim. App. 2015).

FILED: January 27, 2016 DO NOT PUBLISH