IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-83,978-01

EX PARTE CHARLES ANDREW CAPPS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 13-02-01707-CR(1) 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, 473 S.W.3d 789 (Tex. Crim. App. 2015).

FILED: FEBRUARY 10, 2016 DO NOT PUBLISH