Fleming, Miles Dean

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-81,781-02

EX PARTE MILES DEAN FLEMING, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W04-00434-M(B) IN THE 194TH DISTRICT COURT FROM DALLAS COUNTY

K EASLER, J., filed a concurring statement, in which H ERVEY and Y EARY, JJ., joined.

CONCURRING STATEMENT

I concur in the denial and dismissal of Miles Fleming’s claims in his application for writ of habeas corpus. Unlike the Court’s opinion, I would not resolve Fleming’s double- jeopardy claim on its merits. For the reasons outlined in my concurring opinion in Ex parte Marascio,1 I would deny Fleming’s double-jeopardy claim because it is a claim that may not be brought for the first time on collateral attack.

Filed: November 11, 2015

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