Frazier, Derrick ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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WR-49,164-04

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EX PARTE DERRICK FRAZIER

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ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE NO. 97-8-3675 FROM THE 24^TH DISTRICT COURT OF REFUGIO COUNTY

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Per Curiam. Price, J., filed a statement concurring in the dismissal of the application, in which Cochran, J., joins. Cochran, J., filed a concurring statement in which Keller, P.J., and Womack, J., joined.  

ORDER

This is a subsequent application for writ of habeas corpus filed pursuant to Texas Code of Criminal Procedure, Article 11.071, Section 5.

Applicant was convicted of capital murder on September 30, 1998. We affirmed the conviction and sentence. Frazier v. State, No. 73,268 (Tex.Crim.App. March 28, 2001). Based on the findings of the convicting court, we denied relief on his original application for writ of habeas corpus. Ex parte Frazier, No. WR-49,164-01 (Tex.Crim.App. June 27, 2001).

We have reviewed this subsequent application and find that the claim does not meet the requirements of Texas Code of Criminal Procedure Article 11.071, section 5 for consideration of subsequent claims. This application is dismissed as an abuse of the writ and the motion for stay of execution is denied.

IT IS SO ORDERED THIS THE 31^st DAY OF AUGUST, 2006.

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