IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-82,491-01

EX PARTE DEREK ELMORE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR07538 IN THE 220TH DISTRICT COURT FROM HAMILTON 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FILED: February 24, 2016 DO NOT PUBLISH