Ex parte Estrada

DISSENTING OPINION

YEARY, J.,

filed a dissenting opinion

in which KEASLER and HERVEY, JJ„ joined.

By summarily granting relief to Applicant on double jeopardy grounds, this Court overlooks the fact that only scant analysis has been afforded the issue of whether such a claim can even be raised in a post-conviction application for writ of habeas corpus brought under Article 11.07 of the- Code of Criminal Procedure. Tex. Code CRiM. Püoc.' art. 11.07. The more appropriate disposition of this casé, it seems to me, would be to remand it to the convicting court for a response from trial counsel to…