DocketNumber： WR-62,650-01
Filed Date： 10/19/2005
Status： Precedential
Modified Date： 9/15/2015
This is a post conviction application for writ of habeas corpus filed pursuant to the provisions of Article 11.071, Tex. Code Crim. Proc.
In February, 2003, 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. Watts v. State, No. 74,593 (Tex. Crim. App. Dec. 15, 2004) (not designated for publication).
Applicant presents three allegations in his application in which he challenges the validity of his conviction and resulting sentence. The trial judge entered findings of fact and conclusions of law. The trial judge recommended relief 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.
This Court has also reviewed a document entitled "Supplemental Application for Post-Conviction Writ for Habeas Corpus and Brief in Support." Because this document was filed after the deadline provided for an initial application for habeas corpus, we find it to be a subsequent application. See Art. 11.071. We further find that the document fails to meet one of the exceptions provided for in Section 5 of Article 11.071 and, thus, have no authority to do anything other than dismiss this subsequent application as an abuse of the writ. In dismissing the subsequent application, we also expressly reject all findings and conclusions related to this claim and deny any motions pending that relate to the claim.
IT IS SO ORDERED THIS THE 19TH DAY OF OCTOBER, 2005.
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