Davila, Erick Daniel ( 2013 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

---

NOS. WR-75,356-01

---

EX PARTE ERICK DANIEL DAVILA

---

ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE NO. C-1-009420-1108359-A IN CRIMINAL DISTRICT COURT 1 OF TARRANT COUNTY

---

Per Curiam.

O R D E R

In February 2009, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Davila v. State, No. AP-76,105 (Tex. Crim. App. Jan. 26, 2011).

Applicant presents three allegations in his application in which he challenges the validity of his conviction and resulting sentence. An evidentiary hearing was held, and the trial court entered findings of fact and conclusions of law. The trial court recommended that relief be denied.

This Court has reviewed the record with respect to the allegations made by applicant. We adopt the trial court's original findings and conclusions. Further, Allegations Two and Three are not cognizable on habeas review. See Ex parte Banks, 769 S.W.2d 539 (Tex. Crim. App. 1989). Based upon the trial court's findings and conclusions and our own review, relief is denied.

IT IS SO ORDERED THIS THE 17^TH DAY OF APRIL, 2013.

  Do Not Publish