Matthews, Damon Roshun ( 2011 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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WR-75,919-01

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EX PARTE DAMON ROSHUN MATTHEWS

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ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE NO. 941608-A IN THE 183^RD DISTRICT COURT FROM HARRIS COUNTY

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Per Curiam. ORDER

This is an application for writ of habeas corpus filed pursuant to the provisions of Article 11.071, Tex. Code Crim. Proc.

In April 2004, applicant was convicted of the offense of capital murder. The jury answered the special issues submitted pursuant to Article 37.071, Tex. Code Crim. Proc., and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Matthews v. State, No. AP-74,936 (Tex. Crim. App. delivered June 28, 2006) (not designated for publication).

Applicant presents five 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 adopted the State's proposed findings of fact and conclusions of law recommending 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. Ground for relief five is procedurally barred as it should have been raised previously. Ex parte Gardner, 959 S.W.2d 189, 198-200 (Tex. Crim. App. 1998); Ex parte Banks, 769 S.W.2d 539, 540 (Tex. Crim. App. 1989). Therefore, based upon the trial court's findings and conclusions and our own review, we deny relief.

IT IS SO ORDERED THIS THE 29^TH DAY OF JUNE, 2011.

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