IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
FROM EL PASO COUNTY
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.
On May 7, 2001, applicant was convicted 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. Avila v. State, No. 74,142 (Tex. Crim. App. July 2, 2003)(not designated for publication).
Applicant presents eight allegations in his application in which he challenges the validity of his conviction and resulting sentence. Although an evidentiary hearing was not held, the trial judge 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 judge's findings and conclusions. Based upon the trial court's findings and conclusions and our own review, the relief sought is denied.
IT IS SO ORDERED THIS THE 29TH DAY OF SEPTEMBER, 2004.
Do Not Publish