IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-81,434-01

EX PARTE KERRY BOOTH DOAN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 11-02-01666-CR(1) IN THE 435TH 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, 473 S.W.3d 789 (Tex. Crim. App. 2015).

FILED: FEBRUARY 10, 2016 DO NOT PUBLISH