Johnson, Dexter Darnell ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-73,600-01

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EX PARTE DEXTER DARNELL JOHNSON

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ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. 1085483 IN THE 208^TH DISTRICT COURT HARRIS COUNTY

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Per curiam.



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.

Applicant was convicted in June 2007 of capital murder committed on June 18, 2006. Tex. Penal Code Ann. § 19.03(a)(2). Based on the jury's answers to the special issues set forth in the Texas Code of Criminal Procedure, Article 37.071, sections 2(b) and 2(e), the trial court sentenced him to death. Art. 37.071, § 2(g). ⁽¹⁾ This Court affirmed applicant's conviction and sentence on direct appeal. Johnson v. State, No. AP-75,749 (Tex. Crim. App. January 27, 2010) (not designated for publication), cert. filed, No. 09-10475 (April 27, 2010).  

Applicant presents eleven allegations in his application in which he challenges the validity of his conviction and sentence. The trial judge has entered findings of fact and conclusions of law and recommends that relief be denied.

This Court has reviewed the record with respect to the allegations made by applicant. We agree with the trial judge's recommendation and adopt the trial judge's findings and conclusions, except for footnotes 1, 2, 5, 10 through 13, and 17. Based upon the trial court's findings and conclusions and our own review of the record, relief is denied.

IT IS SO ORDERED THIS THE 30^TH DAY OF JUNE, 2010.

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