Thomas, Andre Lee ( 2009 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-69,859-01

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EX PARTE ANDRE LEE THOMAS

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ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE NO. 051858-15-A IN THE 15^TH JUDICIAL DISTRICT COURT GRAYSON COUNTY

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Per Curiam. Cochran, J., filed a concurring statement.   



O R D E R

This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure article 11.071.

In March 2005, a jury convicted Applicant of the offense of capital murder. The jury answered the special issues submitted under Article 37.071 of the Texas Code of Criminal Procedure, and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Thomas v. State, No. AP-75,218 (Tex. Crim. App. October 8, 2008).

Applicant presents forty-four allegations in his application in which he challenges the validity of his conviction and resulting sentence. The trial court did not hold an evidentiary hearing. The trial court entered findings of fact and conclusions of law and recommended that the relief sought be denied.

This Court has reviewed the record with respect to the allegations made by applicant. We adopt the trial judge's findings and conclusions. Based upon the trial court's findings and conclusions and our own review, the relief sought is denied. Applicant has also filed a motion to remand his case, or in the alternative, to stay the proceedings, to develop further evidence on applicant's mental illness. Applicant's motion is likewise denied.

IT IS SO ORDERED THIS THE 18^th DAY OF MARCH, 2009.

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