Apland, Dustin Michael ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,070-01
EX PARTE DUSTIN MICHAEL APLAND, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 42,377-B-H-1 IN THE 124TH DISTRICT COURT
GREGG COUNTY
K EASLER, J., filed a dissenting opinion, in which K ELLER, P.J., and H ERVEY,
J., joined.
DISSENTING OPINION
For the reasons stated in my concurring opinion in Ex parte Knight,1 I would deny
Dustin Apland’s application for a writ of habeas corpus. In Ex parte Townsend, this Court
held that an applicant is unable to attack a cumulation order for the first time in a post-
conviction habeas corpus proceeding.2 By expressly waiving his right to appeal, Apland not
only waived his right to a direct appeal, but waived his ability to seek habeas relief based on
1
401 S.W.3d 60, 67 (Tex. Crim. App. 2013) (Keasler, J., concurring).
2
137 S.W.3d 79, 81 (Tex. Crim. App. 2004).
APLAND DISSENT—2
those claims that could have been asserted on direct appeal. I would accordingly deny the
application.
FILED: December 10, 2014
DO NOT PUBLISH