Rousseau, Anibal Garcia ( 2006 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-43,534-02

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EX PARTE ANIBAL GARCIA ROUSSEAU

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ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE NO. 0514948-C IN THE 185^TH JUDICIAL DISTRICT COURT HARRIS COUNTY

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Per Curiam.



O R D E R

On May 15, 1989, a jury convicted applicant of the offense of capital murder, and the trial court set his punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Rousseau v. State, 855 S.W.2d 666 (Tex. Crim. App.), cert. denied, 510 U.S. 919 (1993). On December 1, 1999, this Court denied relief on applicant's initial application for writ of habeas corpus filed pursuant to Article 11.071. ⁽¹⁾ Ex parte Rousseau, No. 43,534-01 (Tex. Crim. App. Dec. 1, 1999)(not designated for publication). Applicant then filed a subsequent application in which he presented fourteen allegations challenging the validity of his conviction and resulting sentence. By written order dated September 11, 2002, this Court determined that his first three allegations satisfied the requirements of Article 11.071 § 5. Thus, we remanded those claims to the trial court so that the habeas corpus record could be supplemented with evidence pertaining to these claims. The remaining allegations were dismissed.

The trial court addressed the remanded issues and subsequently returned the case to this Court. However, before this Court could decide the case, applicant died. We therefore dismiss this application.

IT IS SO ORDERED THIS THE 11^th DAY OF OCTOBER, 2006.

Do Not Publish

1. Unless otherwise indicated all references to Articles refer to the Code of Criminal Procedure.